Postal Services Act 2000 -

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Postal Services Act 2000

CHAPTER 26

ARRANGEMENT OF SECTIONS

Part I

IntroductorySection

1. The Postal Services Commission.2. The Consumer Council for Postal Services.3. Duty of the Commission to ensure provision of a universal

postal service.4. Provision of a universal postal service: meaning.5. Other duties of the Commission in the consumer interest.

Part II

Licences for Postal Services

Restriction on provision of postal services

6. Restriction on provision of postal services.7. Exceptions from section 6.8. Power to modify section 7 by order.9. General power to suspend the restriction.

10. Emergency power to suspend the restriction.

Licences

11. Licences: general.12. Licences: grant.13. Licences: conditions and other provisions.

Modification of licences

14. Modification of licences by agreement.15. References to the Competition Commission.16. Reports on references.17. Modification following report.18. Power of intervention of the Competition Commission.19. Procedural requirements in relation to modifications.20. Application of competition legislation to references etc.21. Modification by order under other enactments.

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ii c. 26 Postal Services Act 2000

Enforcement ordersSection

22. Final orders.23. Provisional orders.24. Confirmation of provisional orders.25. Exceptions from duty to make or confirm enforcement orders.26. Enforcement orders: main procedural requirements.27. Enforcement orders: further procedural requirements.28. Validity of enforcement orders.29. Effect of enforcement orders.

Financial penalties

30. Financial penalties.31. Statement of policy in relation to penalties.32. Imposition of penalties: main procedural requirements.33. Penalties: further procedural requirements.34. Time-limits on the imposition of penalties.35. Interest and payments by instalment.36. Appeals.37. Recovery of penalties.

Miscellaneous

38. Register.39. Recovery of costs of the Council etc.40. Directors’ remuneration.41. Free services for the blind and partially sighted.

Part III

Other functions of the Commission and the Council

The Commission

42. Duties in relation to public post offices.43. Duties in relation to social and environmental matters.44. Review and information.45. Annual and other reports: the Commission.46. Publication of information and advice: the Commission.47. Power of the Commission to require information.48. Information powers: enforcement.49. Powers of entry and seizure.50. Codes of practice.

The Council

51. Relevant postal issues.52. Provision of advice and information to public authorities and

licence holders.53. Publication of information to users.54. Exercise of functions: general.55. Annual and other reports: the Council.56. Complaints referred to the Council.57. Power of the Council to investigate other matters.58. Power of the Council to require information.

The Commission and the Council

59. Provision of information by the Council to the Commission.


iiic. 26Postal Services Act 2000

Section

60. Memorandum of understanding.61. Forward work programmes.

Part IV

Reorganisation of the Post Office

Transfer of property etc.

62. Transfer of property etc. to nominated company.

The Post Office company etc: government holdings

63. Government holding in the Post Office company and certainsubsidiaries.

64. Government investment in securities of the Post Office companyand its subsidiaries.

The Post Office company etc: restrictions on dealings

65. Restriction on issue of shares to third parties.66. Restriction on disposals of shares to third parties.67. Approved disposals.

Financial provisions

68. Loans by the Secretary of State to the Post Office company and itssubsidiaries.

69. Guarantees by the Secretary of State for the Post Office companyand its subsidiaries.

70. Extinguishment of certain liabilities.71. Limit on loans and other arrangements with government.72. Reserves of the Post Office company and its subsidiaries.73. Statutory accounts of the Post Office company.74. Further provisions relating to the capital structure of the Post

Office company.

Dissolution of the Post Office

75. Dissolution of the Post Office.

Supplementary provisions

76. Accounts of the Secretary of State in relation to loans.77. Publicity requirements for certain accounts and reports of the Post

Office company.78. Information requirements on the Post Office company.79. Exercise of functions through nominees.80. Shadow directors.81. Tax.82. Interpretation: Part IV.

Part V

Offences in relation to Postal Services

Offences of interfering with the mail

83. Interfering with the mail: postal operators.84. Interfering with the mail: general.


iv c. 26 Postal Services Act 2000

Prohibition on sending certain articles by postSection

85. Prohibition on sending certain articles by post.

Additional protection for universal postal service

86. Prohibition on affixing advertisements on certain letter boxes etc.87. Prohibition on misleading descriptions.88. Obstruction of business of universal service providers.

Part VI

Universal Postal Service: supplementary

Schemes and limitation of liability

89. Schemes as to terms and conditions for provision of a universalpostal service.

90. Exclusion of liability.91. Limited liability for registered inland packets.92. Section 91: supplementary.93. Power to modify sections 89 to 92.

Supplementary powers for universal postal service

94. Power to require carriage of mail-bags by ship or aircraft.95. Power to acquire land etc.

Articles in transit

96. Immunity from prosecution.97. Harbour charges on mail-bags.98. Mail-bags not to be subject to control by harbour authorities.

Common carriers

99. Common carriers.

Certain exemptions from postage etc.

100. Certain exemptions from postage etc.

Part VII

Miscellaneous and supplementary

Supplementary powers of the Secretary of State

101. Directions in interests of national security etc.102. Power to ensure compliance with the Postal Services Directive.103. Subsidy for public post offices.

Inviolability of mails etc.

104. Inviolability of mails.105. Application of customs and excise enactments to certain postal

packets.106. Power to detain postal packets containing contraband.107. Conditions of transit of postal packets.


vc. 26Postal Services Act 2000

Evidential provisionsSection108. Evidence of amount of postage etc.109. Evidence of thing being a postal packet.110. Certificates in relation to universal postal service letter boxes.

Postal and money orders

111. Exclusion of liability in relation to postal and money orders.112. Schemes in relation to postal and money orders.113. Recoupment of losses on wrongly paid money orders.114. Special arrangements with other countries or territories.

Other

115. Extension of existing powers relating to the Post Office.116. The Postcode Address File.117. Records of the former Postmaster General’s department.118. Supplementary provisions relating to the Council.119. General restrictions on disclosure of information.

General

120. Offences by bodies corporate.121. Service of documents.122. Orders and regulations.123. Directions.124. General financial provision.125. Interpretation.126. Index of defined expressions.127. General amendments and repeals.128. Modifications of local enactments etc.129. Transitional provisions etc.

Final

130. Commencement.131. Short title and extent.

Schedules:

Schedule 1—The Postal Services Commission.Schedule 2—The Consumer Council for Postal Services.Schedule 3—Transfer to the Post Office company:

supplementary provisions.Schedule 4—Transfer to the Post Office company: tax.Schedule 5—Acquisition of land.

Part I—Powers of acquisition etc.Part II—Procedure, compensation etc (England and

Wales).Part III—Procedure, compensation etc (Scotland).Part IV—Procedure, compensation etc (Northern Ireland).

Schedule 6—Further provisions relating to land.Schedule 7—Disclosure of information.Schedule 8—Amendments of enactments.

Part I—General amendments.Part II—Other amendments.

Schedule 9—Repeals and revocations.

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ELIZABETH II c. 26

Postal Services Act 2000

2000 CHAPTER 26

An Act to establish the Postal Services Commission and theConsumer Council for Postal Services; to provide for thelicensing of certain postal services and for a universal postalservice; to provide for the vesting of the property, rights andliabilities of the Post Office in a company nominated by theSecretary of State and for the subsequent dissolution of the PostOffice; to make further provision in relation to postal services;and for connected purposes. [28th July 2000]

Be it enacted by the Queen’s most Excellent Majesty, by and withthe advice and consent of the Lords Spiritual and Temporal, andCommons, in this present Parliament assembled, and by the

authority of the same, as follows:—

Part I

Introductory

1.—(1) There shall be a body corporate to be known as the Postal The PostalServicesServices Commission (in this Act referred to as “the Commission”).Commission.

(2) The functions of the Commission shall be performed on behalf ofthe Crown.

(3) Schedule 1 (which makes further provision about the Commission)shall have effect.

(4) The body which, immediately before the coming into force of thissubsection, was known as the Postal Services Commission and wasdesignated in accordance with Article 22 of the Postal Services Directiveas a national regulatory authority for the postal sector in the UnitedKingdom is hereby abolished.

2.—(1) There shall be a body corporate to be known as the Consumer The ConsumerCouncil for PostalCouncil for Postal Services (in this Act referred to as “the Council”).Services.

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2 c. 26 Postal Services Act 2000

Part I(2) The Council shall not be regarded as the servant or agent of the

Crown or as enjoying any status, immunity or privilege of the Crown andthe Council’s property shall not be regarded as property of, or held onbehalf of, the Crown.

(3) Schedule 2 (which makes further provision about the Council) shallhave effect.

(4) The Post Office Users’ National Council, the Post Office Users’Council for Scotland, the Post Office Users’ Council for Wales and thePost Office Users’ Council for Northern Ireland are hereby abolished.

3.—(1) The Commission shall exercise its functions in the mannerDuty of theCommission to which it considers is best calculated to ensure the provision of a universalensure provision postal service.of a universalpostal service. (2) The Commission may, in particular, impose as a condition of a

licence under Part II a requirement that the licence holder provides auniversal postal service or part of such a service.

(3) Where the Commission has imposed such a condition, it mayinclude in the licence such conditions and other provisions as it considersappropriate in relation to the provision of such a service (includingconditions and other provisions about activities which do not require alicence under Part II).

4.—(1) For the purposes of this Act and subject to subsection (2), aProvision of auniversal postal universal postal service is provided if—service: meaning.

(a) except in such geographical conditions or other circumstances asthe Commission considers to be exceptional—

(i) at least one delivery of relevant postal packets is madeevery working day to the home or premises of everyindividual or other person in the United Kingdom or to suchidentifiable points for the delivery of relevant postal packetsas the Commission may approve, and

(ii) at least one collection of relevant postal packets ismade every working day from each access point,

(b) a service of conveying relevant postal packets from one place toanother by post and the incidental services of receiving,collecting, sorting and delivering such packets are provided ataffordable prices determined in accordance with a public tariffwhich is uniform throughout the United Kingdom, and

(c) a registered post service is provided at such prices.

(2) For the purposes of subsection (1)—

(a) the interruption, suspension or restriction of any service in casesof emergency, or

(b) the conclusion with customers of individual agreements as toprices,

shall not be taken to preclude the provision of a universal postal service.

(3) References in this Act to a universal service provider shall beconstrued as references to any person—


3c. 26Postal Services Act 2000

Part I(a) whose identity is notified by the Secretary of State to the

European Commission in accordance with Article 4 of thePostal Services Directive as that of a person providing auniversal postal service or a part of such a service in the UnitedKingdom, and

(b) on whom the Secretary of State has served a notice informinghim of that fact and the fact that he will be treated as a universalservice provider for the purposes of this Act.

(4) If no-one falls within subsection (3) because there is no Communityobligation to notify the European Commission of the identity of a personproviding a universal postal service or a part of such a service in theUnited Kingdom, references in this Act to a universal service providershall be construed as references to any person who is treated by theSecretary of State as a universal service provider for the purposes of thisAct and on whom the Secretary of State has served a notice informing himof that fact.

(5) The Secretary of State shall take such steps as he considersappropriate for the purpose of bringing to the attention of the public theidentity of any person who is a universal service provider for the purposesof this Act.

(6) References in this Act to the provision of a universal postal serviceshall, in relation to a universal service provider who provides part of auniversal postal service, be construed as references to the provision of thatpart of such a service.

(7) In this section—

“access point” means any box, receptacle or other facility providedby a universal service provider for the purpose of receivingrelevant postal packets, or any class of relevant postal packets,for onwards transmission in connection with the provision of auniversal postal service,

“permitted limits”, in relation to the dimensions of a postal packet,means the minimum and maximum dimensions laid down in theConvention and the Agreement concerning Postal Parcels Cm 2837.adopted by the Universal Postal Union, and

“relevant postal packets” means postal packets whose weight doesnot exceed 20 kilograms and whose dimensions fall withinpermitted limits.

5.—(1) Subject to section 3, the Commission shall exercise its functions Other duties of theCommission in thein the manner which it considers is best calculated to further the interestsconsumer interest.of users of postal services, wherever appropriate by promoting effective

competition between postal operators.

(2) In performing its duty under subsection (1), the Commission shallhave regard to the interests of—

(a) individuals who are disabled or chronically sick,

(b) individuals of pensionable age,

(c) individuals with low incomes, and

(d) individuals residing in rural areas,

but that is not to be taken as implying that regard may not be had to theinterests of other descriptions of users.



Part I(3) Subject to section 3 and subsection (1), the Commission shall

exercise its functions in the manner which it considers is best calculatedto promote efficiency and economy on the part of postal operators.

(4) In exercising any of its functions in relation to licence holders underPart II, the Commission shall have regard to the need to ensure that suchlicence holders are able to finance activities authorised or required bytheir licences.

Part II

Licences for Postal Services

Restriction on provision of postal services

6.—(1) Subject to section 7, no person shall convey a letter from oneRestriction onprovision of place to another unless—postal services.

(a) he holds a licence authorising him to do so, or

(b) he is acting as an employee or agent of a person who isauthorised by a licence to do so.

(2) A person who contravenes subsection (1) commits an offence andshall be liable—

(a) on summary conviction, to a fine not exceeding the statutorymaximum,

(b) on conviction on indictment, to a fine.

(3) No proceedings shall be instituted in England and Wales orNorthern Ireland in respect of an offence under subsection (2) except byor on behalf of the Commission or the Secretary of State.

(4) Without prejudice to subsection (2), compliance with subsection(1) shall be enforceable by civil proceedings by or on behalf of theCommission or the Secretary of State for an injunction or interdict or forany other appropriate relief or remedy.

(5) Without prejudice to subsections (2) and (4)—

(a) the obligation to comply with subsection (1) shall be a duty owedto any person who may be affected by a contravention ofsubsection (1), and

(b) where a duty is owed by virtue of paragraph (a) to any person,any breach of that duty which causes that person to sustain lossor damage shall be actionable at the suit or instance of thatperson.

(6) Any reference in this section and section 7(1) to conveying a letterfrom one place to another, or the conveyance of a letter, includes areference to performing, or the performance of, any of the incidentalservices of receiving, collecting and delivering a letter.

(7) For the purposes of this Part references to a licence are to a licenceunder this Part and references to a licence holder shall be construedaccordingly.

7.—(1) Section 6(1) is not contravened by the conveyance of a letter—Exceptions fromsection 6. (a) which is conveyed in consideration of a payment of not less than

£1 made by or on behalf of the person for whom it isconveyed, or



Part II(b) which weighs not less than 350 grams.

(2) Section 6(1) is not contravened by—

(a) the conveyance and delivery of a letter personally by the sender,

(b) the conveyance and delivery of a letter by a personal friend ofthe sender,

(c) the conveyance and delivery of a single letter by a messenger sentfor the purpose by either correspondent,

(d) the conveyance of an overseas letter out of the United Kingdom,

(e) the conveyance and delivery of any documents in respect ofwhich a method of service other than by post is required orauthorised by law,

(f) the conveyance of letters from merchants who are the owners ofa merchant ship or commercial aircraft, or of goods carried insuch a ship or aircraft, by means of that ship or aircraft, and thedelivery of the letters to the addressees by any person employedfor the purpose by those merchants, provided that no paymentor reward, profit or advantage of any kind is given or receivedfor the conveyance or delivery of those letters,

(g) the conveyance and delivery of letters by any person which areletters concerning, and for delivery with, goods carried by thatperson, provided that no payment or reward, profit oradvantage of any kind is given or received for the conveyance ordelivery of those letters,

(h) the conveyance and delivery to a licence holder of pre-paidletters for conveyance and delivery by that person to theaddressees, and the collection of such letters for that purpose,

(i) the conveyance and delivery of letters by a person who has abusiness interest in those letters, and the collection of letters forthat purpose,

(j) the conveyance and delivery of banking instruments from onebank to another or from a bank to a government department,and the collection of such instruments for that purpose,

(k) the collection, conveyance and delivery of coupons or otherentry forms issued by authorised promoters,

(l) the collection, conveyance and delivery of Christmas cards by acharity, provided that the activity concerned takes place duringthe period starting with 25th November in any year and endingwith 1st January in the following year,

(m) the conveyance and delivery of letters from one governmentdepartment to another or within the same governmentdepartment, and the collection of letters for that purpose,

(n) the conveyance of letters of members of a document exchangefrom a departure facility for that exchange to an arrival facilityfor another document exchange by persons who are notmembers of either exchange, and the collection and delivery bysuch persons for that purpose of letters delivered to thedeparture facility concerned,

(o) the conveyance and delivery of brokers’ research, during therelevant period and by any person who has printed it, from thebusiness premises where it is printed to the premises of anyperson who is to convey it onwards,



Part II(p) the conveyance and delivery by any person of brokers’ research

within the period of 24 hours starting with its delivery to hispremises or its collection by him during the relevant period froma collection point, and any such collection.

(3) Nothing in paragraphs (a) to (g) of subsection (2) shall authoriseany person to make a collection of letters for the purpose of their beingconveyed in any manner authorised by those paragraphs.

(4) For the purposes of paragraph (i) of subsection (2) a person has abusiness interest in a letter if, and only if—

(a) he is an employee of one of the correspondents or of a memberof the same group as one of the correspondents and the letterrelates to the business affairs of that correspondent, or

(b) he and one of the correspondents are employees of the sameperson or of different members of the same group and the letterrelates to the business affairs of that person or (as the case maybe) the employer of that correspondent.


“arrival facility”, in relation to a document exchange, means anybox, receptacle or other facility associated with that exchangewhich is provided for the receipt of letters from members ofanother document exchange which are conveyed to the facilityfrom a departure facility for that other exchange for collectionby members of the first exchange,

“authorised promoter” means—(a) a registered pool promoter, or(b) a person who is or has at any time been an associate

(within the meaning of section 184 of the Consumer Credit1974 c. 39.Act 1974) of such a promoter,

“bank” means—(a) the Bank of England,(b) an institution authorised under the Banking Act 1987,1987 c. 22.

(c) a European authorised institution within the meaningof the Banking Coordination (Second Council Directive)S.I. 1992/3218.Regulations 1992 which has lawfully established a branch inthe United Kingdom for the purpose of accepting deposits orother repayable funds from the public,

(d) a building society authorised under the Building1986 c. 53.Societies Act 1986, or

(e) the central bank of an EEA State other than the UnitedKingdom,

“banking instrument” means—(a) any cheque or other instrument to which section 4 of

the Cheques Act 1957 applies,1957 c. 36.

(b) any document issued by a public officer which isintended to enable a person to obtain payment from agovernment department of the sum mentioned in thedocument,

(c) any bill of exchange not falling within paragraph (a) or(b) or any promissory note,

(d) any postal order or money order,



Part II(e) any credit transfer, credit advice or debit advice, or

(f) any list of items, or any copy of an item, falling withinparagraphs (a) to (e),

“brokers’ research” means any printed documentation prepared bypersons licensed or authorised to trade on any regulated stock,share, futures, foreign exchange or commodities market whichcontains research, analysis and information relating to itemstraded on that market and which has not been prepared for oron the instructions of any particular person to whom it isaddressed or delivered,

“charity” means a body, or the trustees of a trust, established forcharitable purposes only,

“collection point” means any business premises where brokers’research is printed or an international airport,

“departure facility”, in relation to a document exchange, means anybox, receptacle or other facility associated with that exchangewhich is provided for the collection of letters of members of thatexchange which are delivered to the facility by those membersfor conveyance to an arrival facility for another documentexchange for collection by members of that other exchange,

“document exchange” means a system involving at least threemembers for the exchange of letters between members of thesystem,

“EEA State” means a State which is a contracting party to theAgreement on the European Economic Area signed at Oportoon 2nd May 1992 as adjusted by the Protocol signed at Brusselson 17th March 1993,

“government department” includes any Minister of the Crown, anypart of the Scottish Administration, the National Assembly forWales, the Northern Ireland Assembly, any Northern IrelandMinister or Northern Ireland junior Minister and any NorthernIreland department,

“group” means a body corporate and all of its wholly ownedsubsidiaries taken together,

“overseas letter” means a letter which is directed to a specific personor address outside the United Kingdom,

“pre-paid letter” includes any letter which, in pursuance ofarrangements made with a licence holder, does not require to bepre-paid,

“registered pool promoter” has the meaning given by section 4(2) ofthe Betting, Gaming and Lotteries Act 1963, and 1963 c. 2.

“relevant period” means—

(a) in the case of a collection from an international airport,the period starting with 6.00 pm on any day other than Fridayor Saturday and ending with 10.00 amon the next day and theperiod starting with 6.00 pm on any Friday or Saturday andending with noon on the next day, and

(b) in any other case, the period starting with 6.00 pm onany day and ending with 6.00 am on the next day.



Part IIPower to modify 8.—(1) The Secretary of State may by order modify section 7.section 7 by order.

(2) No such order shall be made except on the recommendation of theCommission.

(3) Before making such a recommendation, the Commission shallconsult—

(a) the Council,

(b) licence holders, and

(c) such other persons as the Commission considers appropriate.

(4) Where the Commission makes such a recommendation but theSecretary of State decides not to make an order under this section, theSecretary of State shall lay before each House of Parliament a reportcontaining the reasons for his decision.

9.—(1) The Secretary of State may by order suspend the operation ofGeneral power tosuspend the section 6.restriction.

(2) No such order shall be made except on the recommendation of theCommission.

(3) Where the Commission makes a recommendation to make anorder under this section but the Secretary of State decides not to makesuch an order, the Secretary of State shall lay before each House ofParliament a report containing the reasons for his decision.

10. The Secretary of State may, if he considers it expedient in theEmergency powerto suspend the national interest, by order suspend the operation of section 6—restriction.

(a) for such period not exceeding six months as may be specified inthe order, and

(b) to such extent as may be so specified.

Licences

11.—(1) The Commission may, on an application by a person underLicences: general.section 12, grant a licence to that person authorising him to do anythingwhich—

(a) would otherwise contravene section 6(1), and

(b) is specified in the licence or determined by or under it.

(2) A licence shall not be valid unless it is in writing.

(3) A licence shall not be transferred.

(4) A licence shall, unless it previously ceases to have effect inaccordance with its provisions, continue in force for the period specifiedin it or determined by or under it.

12.—(1) An application for a licence shall be made in writing to theLicences: grant.Commission in accordance with such requirements as the Commissionmay specify.

(2) The Commission may, in particular, require the application to beaccompanied by such reasonable application fee as it may determine.

(3) Before granting a licence the Commission shall—



Part II(a) publish a notice in such manner as the Commission considers

appropriate for bringing it to the attention of persons likely tobe affected by the grant,

(b) serve a copy of the notice on the Council, and

(c) consider any representations made in accordance with the noticeand not withdrawn.

(4) The notice shall—

(a) state that the Commission proposes to grant the licence and thereasons for so proposing, and

(b) state the period (not less than 28 days starting with the date ofpublication of the notice) within which representations may bemade regarding the proposed licence.

(5) As soon as practicable after granting a licence the Commissionshall send a copy of it to the Secretary of State and the Council.

13.—(1) A licence may include such provisions as the Commission Licences:conditions andconsiders appropriate; and a provision need not relate to anythingother provisions.authorised by the licence.

(2) The provisions of a licence may, in particular, require a payment tothe Commission on the grant of the licence, or payments while the licenceis in force, or both, of such amount or amounts as may be specified in thelicence or determined by or under it.

(3) Such provisions of a licence as the Commission considersappropriate may be expressed as conditions.

(4) The Commission shall consult any person who is to be granted alicence about any conditions that the Commission proposes to include inthe licence (other than any condition which the Commission is requiredto include in the licence by virtue of this Act).

(5) References in this Act to a condition of a licence are to a provisionof a licence which is expressed as a condition.

(6) Subject to subsection (7) no action shall lie or, in Scotland, becompetent in respect of a contravention by a licence holder of a conditionof his licence.

(7) Subsection (6) does not affect—

(a) a right of action in respect of an act or omissionwhich takes placein the course of the provision of any postal services or the doingof anything else to which the condition relates,

(b) the power to make an order under section 22 or 23, confirm anorder made under section 23 or impose a penalty undersection 30,

(c) the duty to comply with any such order or pay any such penaltyand a power to bring proceedings in respect of such a duty.

Modification of licences

14.—(1) The Commission may modify the conditions of a licence if its Modification oflicences byholder consents to the modifications.agreement.

(2) Before making modifications under this section the Commissionshall—



Part II(a) give notice of the modifications, and

(b) consider any representations made in accordance with the noticeand not withdrawn.

(3) The notice shall state—

(a) that the Commission proposes to make the modifications,

(b) the effect of the modifications,

(c) the reasons for the modifications, and

(d) the period (not less than 28 days starting with the date ofpublication of the notice) within which representations may bemade in relation to the proposed modifications.

(4) A notice under subsection (2) shall be given by—

(a) serving a copy of the notice on the licence holder, the Counciland the Secretary of State, and

(b) publishing the notice in such manner as the Commissionconsiders appropriate for the purpose of bringing the matters towhich the notice relates to the attention of persons likely to beaffected by them.

(5) The Secretary of State may, within the period stated undersubsection (3)(d), direct the Commission not to make any proposedmodification if he considers that the modification should be made, if atall, under section 17.

(6) As soon as practicable after making modifications under thissection the Commission shall send a copy of the modifications to thelicence holder, the Council and the Secretary of State.

15.—(1) The Commission may make to the Competition CommissionReferences to theCompetition a reference requiring the Competition Commission to investigate andCommission. report on—

(a) whether any matters, which are specified in the reference andwhich relate to the provision of postal services whose provisionis authorised or required by a licence, operate against the publicinterest or may be expected to do so,

(b) if so, whether the effects adverse to the public interest which thematters have or may be expected to have could be remedied orprevented by modifying the conditions of the licence.

(2) The Commission may at any time by notice given to theCompetition Commission vary a reference by adding to the mattersspecified in it or by excluding from it one or more of those matters; andon receiving a notice the Competition Commission shall give effect to thevariation.

(3) The Commission may, for the purpose of assisting the CompetitionCommission in its investigation on the reference or the reference asvaried, specify in the reference or a variation of it—

(a) any effects adverse to the public interest which it considers thatthe matters specified in the reference or variation have or maybe expected to have,

(b) any modifications of the conditions of the licence by which itconsiders that those effects could be remedied or prevented.



Part II(4) As soon as practicable after making a reference or variation the

Commission shall give notice of it by—

(a) serving a copy of the reference or variation on the licence holderand the Secretary of State, and

(b) publishing particulars of the reference or variation in suchmanner as the Commission considers appropriate for thepurpose of bringing it to the attention of persons likely to beaffected by it.

(5) The Secretary of State may, before the end of the period of 28 daysstarting with the day on which he receives the copy, direct theCompetition Commission not to proceed with the reference or not to giveeffect to the variation.

(6) The Commission shall, for the purpose of assisting theCompetition Commission in carrying out an investigation on a referenceunder this section, give to the Competition Commission—

(a) any information the Commission has which relates to matterswithin the scope of the investigation and which the CompetitionCommission requests,

(b) any information the Commission has which relates to matterswithin the scope of the investigation and which the Commissionconsiders that it would be appropriate for it to give without arequest,

(c) any other assistance which the Commission is able to give inrelation to matters within the scope of the investigation andwhich the Competition Commission requests.

(7) In carrying out the investigation concerned the CompetitionCommission shall have regard to any information given undersubsection (6).

(8) In deciding under this section whether a matter operates, or may beexpected to operate, against the public interest the CompetitionCommission shall have regard to the matters as respects which duties areimposed on the Commission by sections 3 and 5.

16.—(1) In making a report on a reference under section 15 the Reports onreferences.Competition Commission—

(a) shall include definite conclusions on the questions contained inthe reference and such an account of its reasons for theconclusions as it considers facilitates a proper understanding ofthe questions and of the conclusions,

(b) if it concludes that any of the matters specified in the referenceoperate against the public interest or may be expected to do so,shall specify the effects adverse to the public interest which thematters have or may be expected to have,

(c) if it concludes that any adverse effects so specified could beremedied or prevented by modifications of the conditions of thelicence, shall specify modifications by which the effects could beremedied or prevented.

(2) A report of the Competition Commission on a reference undersection 15 shall be made to the Commission.

(3) The Commission—



Part II(a) shall, on receiving such a report, serve a copy on the Secretary of

State, and

(b) shall, after the end of the specified period and subject tosubsection (4), publish the report in such manner as theCommission considers appropriate for the purpose of bringingit to the attention of persons likely to be affected by it.

(4) If the Secretary of State considers that the publication of anymatter would be against the public interest or any person’s commercialinterests, he may before the end of the specified period direct theCommission to exclude the matter from every copy of the report to bepublished as mentioned in subsection (3)(b).

(5) In this section “the specified period” means the period of 14 daysstarting with the day on which the Secretary of State receives the copyunder subsection (3)(a).

17.—(1) This section applies if a report of the CompetitionModificationfollowing report. Commission on a reference under section 15—

(a) includes conclusions to the effect that any of thematters specifiedin the reference operate against the public interest or may beexpected to do so,

(b) specifies effects adverse to the public interest which the mattershave or may be expected to have,

(c) includes conclusions to the effect that the effects could beremedied or prevented by modifications of the conditions of thelicence, and

(d) specifies modifications by which the effects could be remedied orprevented.

(2) The Commission shall, subject as follows, make such modificationsof the conditions of the licence as it considers are needed for the purposeof remedying or preventing the adverse effects specified in the report.

(3) Before making any such modifications, the Commission shall—

(a) have regard to the modifications specified in the report,

(b) give notice of its proposed modifications, and

(c) consider any representations made in accordance with the noticeand not withdrawn.

(4) If, after considering any such representations, the Commissiondecides to make any modifications for the purpose of remedying orpreventing the adverse effects specified in the report, the Commissionshall give notice of the modifications to the Competition Commission.

(5) If no direction is given to the Commission under section 18(2)within the period of four weeks starting with the date on which the noticeunder subsection (4) is given, the Commission shall make themodifications set out in the notice.

(6) If a direction is given to the Commission under section 18(2)(b)within the period of four weeks starting with the date on which the noticeunder subsection (4) is given, the Commission shall make themodifications which are set out in the notice and are not specified in thedirection.



Part IIPower of18.—(1) The Competition Commission may give a direction underintervention of thesubsection (2) if it considers that the modifications set out in a noticeCompetitionunder section 17(4) are not the modifications which are needed for theCommission.purpose of remedying or preventing all or any of the adverse effects

specified by it in the report as effects which could be remedied orprevented by modifications.

(2) The Competition Commission may direct the Commission—

(a) not to make the modifications concerned, or

(b) not to make such of the modifications as may be specified in thedirection.

(3) Subject to subsection (4), the Competition Commission may onlygive a direction under subsection (2) within the period of four weeksstarting with the date on which the notice under section 17(4) is given.

(4) The Secretary of State may, on the application of the CompetitionCommission and within the period mentioned in subsection (3), directthat the period (and, accordingly, the period mentioned in section 17(5)and (6)) shall be extended by 14 days.

(5) The Competition Commission may itself make such modificationsas it considers are needed for the purpose of remedying or preventing—

(a) if the direction was given under subsection (2)(a), the adverseeffects specified in the report as effects which could be remediedor prevented by modifications,

(b) if the direction was given under subsection (2)(b), such of thoseadverse effects as are not remedied or prevented by themodifications made by the Commission under section 17(6).

(6) In exercising its functions under subsection (5), the CompetitionCommission shall have regard to the matters to which the Commission isrequired to have regard when determining the conditions of a licence.

(7) The Commission shall, for the purpose of assisting theCompetition Commission in exercising its functions under this section,give to the Competition Commission—

(a) any information the Commission has which relates to theexercise of the functions and which the CompetitionCommission requests,

(b) any information the Commission has which relates to theexercise of the functions and which the Commission considersthat it would be appropriate for it to give without a request,

(c) any other assistance which the Commission is able to give inrelation to the exercise of the functions and which theCompetition Commission requests.

(8) In exercising its functions under this section, the CompetitionCommission shall have regard to any information given undersubsection (7).

19.—(1) A notice under section 17(3) shall state— Proceduralrequirements in(a) that the Commission proposes to make the modifications, relation tomodifications.(b) the effect of the modifications,




Part II(d) the period (not less than 28 days starting with the date of

publication of the notice) within which representations may bemade in relation to the proposed modifications.

(2) Such a notice shall be given by—

(a) serving a copy of the notice on the licence holder, and


(3) A notice under section 17(4) shall state—

(a) that the Commission proposes to make the modifications,

(b) the effect of the modifications, and

(c) the reasons for the modifications.

(4) The Commission shall include with such a notice—

(a) a copy of any representationsmade in accordancewith the noticeunder section 17(3) and not withdrawn, and

(b) such information (including information about any change incircumstances since the report was made) as the Commissionconsiders it desirable for the Competition Commission to have.

(5) As soon as practicable after making modifications under section 17the Commission shall send a copy of the modifications to the licenceholder, the Council and the Secretary of State.

(6) The Competition Commission shall give notice of any directiongiven by it under section 18(2).


(a) the modifications proposed by the Commission,

(b) the terms of the direction, and

(c) the reasons for giving it.

(8) Before making modifications under section 18(5) the CompetitionCommission shall—

(a) give notice of the modifications, and



(a) that the Competition Commission proposes to make themodifications,

(b) the effect of the modifications,


(d) the period (not less than 28 days starting with the date ofpublication of the notice) within which representations may bemade in relation to the proposed modifications.

(10) A notice under subsection (6) or (8) shall be given by—

(a) serving a copy of the notice on the licence holder, theCommission and the Secretary of State, and



Part II(b) publishing the notice in such manner as the Competition

Commission considers appropriate for the purpose of bringingthe matters to which the notice relates to the attention ofpersons likely to be affected by them.

(11) As soon as practicable after making modifications under section18(5) the Competition Commission shall send a copy of the modificationsto the licence holder, the Commission, the Council and the Secretary ofState.

20.—(1) The provisions listed in subsection (2) shall apply to references Application ofcompetitionunder section 15 as if—legislation to

(a) the functions of the Competition Commission in relation to references etc.those references were functions under the Fair TradingAct 1973 1973 c. 41.(in this section and section 21 referred to as “the 1973 Act”),

(b) the expression “merger reference” included a reference undersection 15 above,

(c) in section 70 of the 1973 Act references to the Secretary of Statewere to the Commission and the reference to three months wereto six months,

(d) in section 93B(1) of the 1973 Act for paragraphs (a) and (b) therewere substituted a reference to the Competition Commission inconnection with any of its functions in relation to a referenceunder section 15 above.

(2) The provisions are—

(a) sections 70, 85 and 93B of the 1973 Act (time limit for report;witnesses and documents; and penalties for false or misleadinginformation),

(b) section 24 of the Competition Act 1980 (modification of 1980 c. 21.provisions about the Competition Commission’s generalfunctions),

(c) Part II of Schedule 7 to the Competition Act 1998 (the 1998 c. 41.Competition Commission’s general functions).

(3) Section 82 of the 1973 Act (general provisions as to reports) shallapply to reports of the Competition Commission on references undersection 15 above as it applies to reports of the Competition Commissionunder that Act.

(4) The provisions listed in subsection (5) shall apply to the exercise bythe Competition Commission of its functions under section 18 above asif—

(a) in section 85 of the 1973 Act references to any investigation on areference made to the Competition Commission under that Actwere references to any investigation for the purposes of section18 above,

(b) in section 93B(1) of the 1973 Act for paragraphs (a) and (b) therewere substituted a reference to the Competition Commission inconnection with any of its functions under section 18 above.


(a) sections 85 and 93B of the 1973 Act (witnesses and documentsand penalties for false or misleading information),



Part II1980 c. 21. (b) section 24 of the Competition Act 1980 (modification of

provisions about the Competition Commission’s generalfunctions),

(c) Part II of Schedule 7 to the Competition Act 1998 (the1998 c. 41.Competition Commission’s general functions).

(6) Section 82(1) and (2) of the 1973 Act (prejudicial information andabsolute privilege) shall apply to notices given by the CompetitionCommission under section 19(6) or (8) above as it applies to reports madeby the Competition Commission under that Act.

21.—(1) This section applies if—Modification byorder under other (a) the Secretary of State by order exercises any of the powersenactments.

specified in Parts I and II of Schedule 8 to the 1973 Act, and

(b) the first or second requirement (set out below) is satisfied.

(2) The first requirement is that—

(a) the circumstances are as mentioned in section 56(1) of the 1973Act (order on report on monopoly reference), and

(b) the monopoly situation exists in relation to the provision ofpostal services.

(3) The second requirement is that the circumstances are as mentionedin section 73(1) of the 1973 Act (order on report on merger reference)and—

(a) at least one of the two or more enterprises which ceased to bedistinct enterprises was engaged in the provision of postalservices, or

(b) at least one of the two or more enterprises which would cease tobe distinct enterprises (in the application of section 73(1) of the1973 Act by virtue of section 75(4)(e) of that Act) is engaged inthe provision of postal services.

(4) The order mentioned in subsection (1) may also provide for themodification of the conditions of a licence to such extent as the Secretaryof State considers necessary or expedient to give effect to or take accountof any provision made by the order.

(5) As soon as practicable after making modifications under thissection the Secretary of State shall send a copy of the modifications to thelicence holder, the Commission and the Council.

(6) Expressions used in this section and the 1973 Act have the samemeanings in this section as in that Act.

Enforcement orders

22.—(1) If the Commission is satisfied that a licence holder—Final orders.

(a) is contravening any condition of his licence, or

(b) is likely to contravene any such condition,

the Commission shall by order make such provision as is needed for thepurpose of securing compliance with the condition.

(2) An order under subsection (1)—

(a) shall require the licence holder to do, or not to do, such things asare specified in the order or are of a description so specified,



Part II(b) shall take effect at such time, being the earliest practicable time,

as is determined by or under the order, and

(c) may be revoked at any time by the Commission.

(3) An order under subsection (1) shall have effect until such time (ifany) as the Commission revokes it.

(4) This section is subject to section 25.

(5) In this Act “final order” means an order under this section.

23.—(1) If— Provisionalorders.(a) the Commission is not satisfied that a licence holder is

contravening any condition of his licence or is likely tocontravene any such condition, but

(b) the requirements in subsection (2) are met,

the Commission shall by order make such provision as it considers isneeded for the purpose of securing compliance with the licence condition.

(2) The requirements are that it appears to the Commission—

(a) that the licence holder is contravening any condition of hislicence or is likely to contravene any such condition, and

(b) that an order under subsection (1) is needed.

(3) In deciding whether an order under subsection (1) is needed theCommission shall have regard, in particular, to the extent to which anyperson is likely to sustain loss or damage as a result of anything likely tobe done or omitted in contravention of the licence condition before a finalorder may be made.

(4) An order under subsection (1)—

(a) shall require the licence holder to do, or not to do, such things asare specified in the order or are of a description so specified,

(b) shall take effect at such time, being the earliest practicable time,as is determined by or under the order, and

(c) may be revoked at any time by the Commission.

(5) An order under subsection (1) shall, subject to any earlierrevocation by the Commission, have effect for such period not exceedingthree months as is determined by or under the order and which startswhen the order takes effect.

(6) An order under subsection (1) shall not be made in any case wherea previous such order has been made in respect of the same contraventionor apprehended contravention by the licence holder.


(8) In this Act “provisional order” means an order under this section.

24.—(1) The Commission shall confirm a provisional order (with or Confirmation ofprovisionalwithout modifications) if—orders.

(a) it is satisfied that the licence holder is contravening any conditionof his licence or is likely to contravene any such condition, and

(b) it considers that confirmation of the order (with anymodifications) is needed for the purpose of securing compliancewith the condition.



Part II(2) Where the Commission confirms a provisional order under

subsection (1), the order continues to have effect until such time (if any)as the Commission revokes it.


25. The Commission shall not make a final order or make or confirmExceptions fromduty to make or a provisional order if it is satisfied that—confirm

(a) the duties imposed on it by sections 3 and 5 preclude it fromenforcementdoing so,orders.

(b) the licence holder has agreed to take and is taking all the stepsthat the Commission considers appropriate to secure orfacilitate compliance with the condition concerned, or

(c) the contraventions or apprehended contraventions are trivial.

26.—(1) Before making a final order or confirming a provisional order,Enforcementorders: main the Commission shall—procedural

(a) give notice of the proposed order or confirmation, andrequirements.



(a) that the Commission proposes to make or confirm the order,

(b) the effect of the order,

(c) the condition for the purpose of securing compliance with whichthe order is to be made or confirmed,

(d) the acts or omissions which the Commission considers constituteor would constitute contraventions of that condition,

(e) any other facts which the Commission considers justify themaking or confirmation of the order, and

(f) the period (not less than 21 days starting with the date ofpublication of the notice) within which representations may bemade in relation to the proposed order or confirmation.

(3) A notice under subsection (1) shall be given by—

(a) serving on the licence holder and the Council a copy of the noticeand a copy of the order proposed (or proposed to beconfirmed), and


(4) As soon as practicable after making a final order, or making orconfirming a provisional order, the Commission shall—

(a) serve a copy of the order on the licence holder and theCouncil, and

(b) publish the order in such manner as the Commission considersappropriate for the purpose of bringing it to the attention ofpersons likely to be affected by it.

(5) This section has effect subject to section 27.



Part IIEnforcement27.—(1) The Commission shall not make a final order withorders: furthermodifications, or confirm a provisional order with modifications,proceduralunless—requirements.

(a) the licence holder consents to the modifications and theCommission complies with the requirements of subsection (2),or

(b) the Commission complies with the requirements of subsection(3).

(2) The requirements of this subsection are that the Commissionshall—

(a) give notice of the proposed modifications to the Council, and


(3) The requirements of this subsection are that the Commissionshall—

(a) give notice of the proposed modifications, and


(4) A notice under subsection (2) or (3) shall state—

(a) the proposed modifications,

(b) the reasons for them, and

(c) the period (not less than 7 days startingwith the date of the givingof the notice under subsection (2) or (as the case may be) thepublication of the notice under subsection (3)) within whichrepresentations may be made in relation to the proposedmodifications.

(5) Before revoking a final order or a provisional order which has beenconfirmed, the Commission shall—

(a) give notice of the proposed revocation, and



(a) that the Commission proposes to revoke the order,

(b) the effect of the proposed revocation, and

(c) the period (not less than 21 days starting with the date ofpublication of the notice) within which representations may bemade in relation to the proposed revocation.

(7) As soon as practicable after revoking a final order or a provisionalorder which has been confirmed, the Commission shall give notice of therevocation.

(8) If, after giving notice under section 26(1) or subsection (3) or (5) ofthis section, the Commission decides not to make a final order or confirma provisional order or (as the case may be) revoke the order, it shall givenotice of that decision.

(9) If, after giving notice under subsection (2), the Commission decidesnot to make a final order or confirm a provisional order, it shall givenotice of that decision to the licence holder concerned and the Council.



Part II(10) A notice under subsection (2) shall be given by serving a copy of

the notice on the Council and a notice under subsection (9) shall be givenby serving a copy of the notice on the licence holder and the Council.

(11) Any other notice under this section shall be given by—

(a) serving a copy of the notice on the licence holder and theCouncil, and


28.—(1) This section applies if a licence holder to whom a final orValidity ofenforcement provisional order relates is aggrieved by the order and wants to questionorders. its validity on the ground that—

(a) its making or confirmation was not within the powers conferredby section 22, 23 or (as the case may be) 24, or

(b) any of the requirements of sections 26 and 27 have not beencomplied with in relation to the making or confirmation ofthe order.

(2) The licence holder may apply to the court.

(3) If a copy of the order as made or confirmed was served on thelicence holder the application to the court shall be made within the periodof 42 days starting with the day on which the copy was served on thelicence holder.

(4) On an application under this section the court may quash the orderor any provision of it if the court considers it appropriate to do so and issatisfied that—

(a) the making or confirmation of the order was not within thepowers conferred by section 22, 23 or (as the case may be) 24, or

(b) any of the requirements of sections 26 and 27 have not beencomplied with in relation to the making or confirmation of theorder and the interests of the licence holder have beensubstantially prejudiced by the non-compliance.

(5) Where an application has been made under this section, the licenceholder concerned shall not be required to comply with the order to whichthe application relates until the application has been determined,withdrawn or otherwise dealt with; and section 29 shall be construedaccordingly.

(6) Except as provided by this section, the validity of a final orprovisional order shall not be questioned in any legal proceedings.

(7) In this section “the court” means,

(a) in relation to England and Wales or Northern Ireland, theHigh Court,

(b) in relation to Scotland, the Court of Session.

29.—(1) The licence holder to whom a final or provisional order relatesEffect ofenforcement shall have a duty to comply with it.orders.

(2) The duty shall be owed to any person who may be affected by acontravention of the order.



Part II(3) Any breach of the duty which causes such a person to sustain loss

or damage shall be actionable by him.

(4) In any proceedings brought against a licence holder undersubsection (3) it shall be a defence for the licence holder to show that hetook all reasonable steps and exercised all due diligence to avoidcontravening the order.

(5) Compliance with a final or provisional order shall also beenforceable by civil proceedings brought by the Commission for aninjunction or for interdict or for any other appropriate relief or remedy.

(6) Subsection (5) shall not prejudice any right that a person may haveby virtue of subsection (3) to bring civil proceedings for contravention orapprehended contravention of a final or provisional order.

Financial penalties

30.—(1) If the Commission is satisfied that a licence holder— Financialpenalties.(a) has contravened any condition of his licence, or

(b) is contravening any such condition,

the Commission may impose on the licence holder a penalty of suchamount as is reasonable.

(2) No such penalty shall exceed 10 per cent. of the turnover of thelicence holder (determined in accordance with provisions specified in anorder made by the Secretary of State).

(3) The Commission may impose a penalty under this section inrespect of a contravention of a licence condition irrespective of whetherit has made or may make a final or provisional order in respect of thatcontravention.

31.—(1) The Commission shall prepare and publish a statement of Statement ofpolicy in relationpolicy in relation to the imposition of penalties and the determination ofto penalties.their amount.

(2) In deciding whether to impose a penalty, and in determining theamount of any penalty, the Commission shall have regard to thestatement of policy which was most recently published at the time whenthe contravention concerned occurred.

(3) The Commission may revise its statement of policy and, where itdoes so, it shall publish the revised statement.

(4) Publication under this section shall be in such manner as theCommission considers appropriate for the purpose of bringing thematters contained in the statement of policy to the attention of personslikely to be affected by them.

(5) The Commission shall consult the Council and such other personsas it considers appropriate when preparing or revising its statement ofpolicy.

32.—(1) Before imposing a penalty under section 30, the Imposition ofpenalties: mainCommission shall—procedural

(a) give notice of the proposed penalty, and requirements.




Part II(2) The notice shall state—

(a) that the Commission proposes to impose a penalty,

(b) the amount of the proposed penalty,

(c) the condition which the Commission is satisfied has beencontravened or is being contravened,

(d) the acts or omissions which the Commission considers constitutethe contravention,

(e) any other facts which the Commission considers justify theimposition of a penalty and the amount of the proposedpenalty,

(f) the manner in which, and place at which, it is proposed to requirethe penalty to be paid, and

(g) the period (not less than 21 days starting with the date ofpublication of the notice) within which representations may bemade in relation to the proposed penalty.

(3) As soon as practicable after imposing a penalty, the Commissionshall give notice of the penalty.


(a) that the Commission has imposed a penalty on the licenceholder,

(b) the amount of the penalty,

(c) the condition which the Commission is satisfied has beencontravened or is being contravened,

(d) the acts or omissions which the Commission considers constitutethe contravention,

(e) any other facts which the Commission considers justify theimposition of a penalty and the amount of the penalty,

(f) the manner in which, and place at which, the penalty is requiredto be paid, and

(g) the date or dates, no earlier than the end of the period of 42 daysfrom the date of service of the notice on the licence holder, bywhich the penalty or (as the case may be) different portions ofit are required to be paid.

(5) The licence holder may, within 21 days of the date of service on himof a notice under subsection (3), apply to the Commission for it to specifya different date or (as the case may be) different dates by which the penaltyor (as the case may be) different portions of it are to be paid.

(6) A notice under this section shall be given by—



(7) This section has effect subject to section 33.

33.—(1) The Commission shall not vary the proposed amount of aPenalties: furtherprocedural penalty as stated in a notice under section 32(1) unless—requirements.



Part II(a) the licence holder consents to the variation, or

(b) the Commission complies with the requirements of subsection(2).

(2) The requirements are that the Commission shall—

(a) give notice of the proposed variation, and



(a) the proposed variation,

(b) the reasons for it, and

(c) the period (not less than 7 days starting with the date ofpublication of the notice) within which representations may bemade in relation to the proposed variation.

(4) If, after giving notice under section 32(1) or subsection (2) of thissection, the Commission decides not to impose a penalty, it shall givenotice of that decision.




34.—(1) No penalty shall be imposed under section 30 in respect of a Time-limits on theimposition ofcontravention of a licence condition—penalties.

(a) where a provisional order has been made but not confirmed inrespect of the contravention and no final order has been madein respect of it, unless a copy of the notice under section 32(1)has been served on the licence holder no later than six monthsstarting with the date on which the provisional order was made,

(b) where a provisional order has been confirmed or a final ordermade in respect of the contravention, unless a copy of the noticeunder section 32(1) has been served on the licence holder nolater than three months starting with the date on which theorder was confirmed or (as the case may be) made.

(2) No penalty shall be imposed under section 30 in respect of acontravention of a licence condition for which no provisional or finalorder has been made unless a copy of the notice under section 32(1) hasbeen served on the licence holder within twelve months from the time ofthe contravention.

35.—(1) If the whole or any portion of a penalty is not paid by the date Interest andpayments byby which it is required to be paid, the unpaid balance from time to timeinstalment.shall carry interest at the rate for the time being specified in section 17 of

the Judgments Act 1838. 1838 c. 110.

(2) Where an application has been made under section 32(5), thepenalty shall not be required to be paid until the application has beendetermined, withdrawn or otherwise dealt with.



Part II(3) If a portion of a penalty has not been paid by the date required for

it, the Commissionmay, where it considers it appropriate to do so, requireso much of the penalty as has not already been paid to be paidimmediately.

36.—(1) This section applies if a licence holder on whom a penalty isAppeals.imposed under section 30 is aggrieved by—

(a) the imposition of the penalty,

(b) the amount of the penalty, or

(c) the date by which the penalty is required to be paid or (as the casemay be) the different dates by which portions of the penalty arerequired to be paid.

(2) The licence holder may apply to the court.

(3) If a copy of the notice under section 32(3) was served on the licenceholder, the application to the court shall, subject to subsection (4), bemade within the period of 42 days starting with the day on which the copywas served on the licence holder.

(4) If the application relates to a decision of the Commission on anapplication by a licence holder under section 32(5), the application to thecourt shall be made within the period of 42 days starting with the day onwhich the licence holder is notified of the decision.

(5) On an application under this section, the court may—

(a) quash the penalty,

(b) substitute a penalty of such lesser amount as the court considersappropriate, or

(c) in a case falling within subsection (1)(c), substitute for the date ordates imposed by the Commission an alternative date or dates,

if it considers it appropriate to do so and is satisfied of one or more of thegrounds mentioned in subsection (6).

(6) The grounds are—

(a) that the imposition of the penalty was not within the powers ofthe Commission under section 30,

(b) that any of the requirements of section 32 or 33 have not beencomplied with in relation to the imposition of the penalty andthe interests of the licence holder have been substantiallyprejudiced by the non-compliance,

(c) that it was unreasonable of the Commission to require thepenalty to be paid by the date concerned or (as the case may be)to require portions of it to be paid by the dates concerned.

(7) Where an application has been made under this section, the penaltyshall not be required to be paid until the application has been determined,withdrawn or otherwise dealt with.

(8) Where the court substitutes a penalty of a lesser amount it mayrequire the payment of interest on the substituted penalty at such rate,and from such date, as it considers appropriate.

(9) Where the court specifies as a date by which the penalty, or aportion of the penalty, is to be paid a date before the determination of the



Part IIapplication under this section it may require the payment of interest onthe penalty, or portion, from that date at such rate as it considersappropriate.

(10) Except as provided by this section, the validity of a penalty shallnot be questioned in any legal proceedings.

(11) In this section “the court” means—

(a) in relation to England and Wales or Northern Ireland, the HighCourt, and

(b) in relation to Scotland, the Court of Session.

37. Where a penalty imposed under section 30, or any portion of such Recovery ofpenalties.a penalty, has not been paid by the date on which it is required to be

paid and—

(a) no application relating to the penalty has been made undersection 36 during the period within which such an applicationmay be made, or

(b) any such application which has been made has been determined,withdrawn or otherwise dealt with,

the Commission may recover from the licence holder any of the penaltyand any interest which has not been paid; and in England and Wales andNorthern Ireland such penalty and interest may be recovered as a civildebt due to the Commission.

Miscellaneous

38.—(1) The Commission shall compile and maintain a register for the Register.purposes of this Part.

(2) The register shall be kept at such premises and in such form as theCommission considers appropriate.

(3) The Commission shall cause the following matters to be entered inthe register—

(a) the provisions of every licence,

(b) every modification, revocation or surrender of a licence,

(c) the provisions of every direction or determination made orconsent or approval given under a licence,

(d) the terms of every final or provisional order made or confirmedand every revocation of such an order,

(e) every penalty imposed under section 30 and every notice undersection 32(3).

(4) The duty in subsection (3) does not extend to anything of which theCommission is unaware.

(5) So far as practicable the Commission shall secure the exclusionfrom the register of any matter relating to the affairs of a person if theCommission considers that its inclusion would or might seriously andprejudicially affect the person’s interests.

(6) Subsection (5) does not apply if—

(a) the person concerned consents to the matter being entered in theregister, or



Part II(b) the Commission considers that entering the matter in the register

would be in the public interest.

(7) If the Secretary of State considers that entry of anything in theregister would be against the public interest or any person’s commercialinterests, he may direct the Commission not to enter it.

(8) The Commission shall secure that the contents of the register areavailable for inspection by the public—

(a) during such hours as may be specified in an order made by theSecretary of State, and

(b) subject to such reasonable fees (if any) as the Commission maydetermine.

(9) If requested by any person to do so and subject to such reasonablefees (if any) as the Commission may determine, the Commission shallsupply the person concerned with a copy (certified to be true) of theregister or of an extract from it.

39. The Secretary of State may give directions to the Commission asRecovery of costsof the Council etc. to—

(a) the inclusion in any licence of conditions requiring the paymentof sums relating to the expenses of the Council, or of theSecretary of State in relation to the establishment of theCouncil,

(b) the exercise of any power of the Commission to determineanything falling to be determined under such conditions.

40.—(1) This section applies to any licence holder which is a company.Directors’remuneration.

(2) As soon as practicable after the end of each financial year of thecompany it shall make a statement to the Commission—

(a) disclosing whether or not remuneration has been paid or becomedue during that financial year to the directors of the companyas a result of arrangements falling within subsection (3), and

(b) where such remuneration has been paid or become due,describing the arrangements and the remuneration.

(3) Arrangements fall within this subsection if they are arrangementsfor linking the remuneration of the directors to standards ofperformance—

(a) specified for the company in its licence, or determined for thecompany by or under the licence, or

(b) set or agreed to by the company,

in relation to the provision of services authorised or required by thelicence.

(4) A description under subsection (2)(b) shall include—

(a) a statement of when the arrangements were made,

(b) a description of the standards of performance in question,

(c) an explanation of the means by which the standards ofperformance are assessed, and

(d) an explanation of how the remuneration was calculated.

(5) The statement required by subsection (2) shall also state—



Part II(a) whether or not there are in force in respect of the financial year

during which the statement is made arrangements falling withinsubsection (3),

(b) if not, whether the company intends that such arrangements willbe in force at some time during that financial year,

and if there are, or it is intended that there will be, such arrangements inforce the statement shall describe those arrangements.

(6) A description under subsection (5) shall—

(a) include the matters mentioned in subsection (4)(a) to (c), and

(b) where the arrangements described are different from anyarrangements described under subsection (2)(b), state the likelyeffect of those differences on the remuneration of each directorof the company.

(7) The statement required by subsection (2) shall be made to theCommission in such manner as may be required by the Commission.

(8) The statement required by subsection (2)—

(a) shall be published by the company making the statement in suchmanner as it considers will secure adequate publicity for thestatement, and

(b) may be published by the Commission in such manner as it mayconsider appropriate.

(9) The duty of a company under this section applies in relation to anyperson who has at any time been a director of the company.


“company” means a company within the meaning of the Companies 1985 c. 6.Act 1985, or the Companies (Northern Ireland) Order 1986, S.I. 1986/1032

(N.I. 6).which is limited by shares,

“remuneration” in relation to a director of a company—

(a) means any form of payment, consideration or otherbenefit (including pension benefit) paid or due to or in respectof the director, and

(b) includes remuneration in respect of any of his serviceswhile a director of the company.

41.—(1) The Secretary of State may direct the Commission to impose, Free services forthe blind andas a condition of a relevant licence, a requirement that the licence holderpartially sighted.provide such free postal services as may be specified in the direction to

such descriptions of blind or partially sighted persons as may be sospecified.

(2) The requirement shall not come into force unless—

(a) the Secretary of State directs the Commission to bring it intoforce, and

(b) the Commission gives notice of the direction to the licenceholder.

(3) The Secretary of State shall consult the Commission and theCouncil before giving any direction under this section.



Part II(4) In this section “relevant licence” means a licence to be granted

which is to require the person holding it to provide a universal postalservice or part of such a service.

Part III

Other functions of the Commission and the Council

The Commission

42.—(1) The Commission shall provide advice and information to theDuties in relationto public post Secretary of State about—offices.

(a) the number and location of public post offices of suchdescriptions as the Secretary of State may specify, and

(b) their accessibility to users of postal and other services.

(2) The Commission shall consult the Council before providing anyadvice or information under this section.

(3) In this Act “public post office” means any post office from whichany postal services are provided directly to the public (whether or nottogether with other services).

43.—(1) The Commission shall, in exercising its functions, have regardDuties in relationto social and to any guidance given by the Secretary of State under this section.environmental

(2) The Secretary of State shall from time to time give guidance aboutmatters.the making by the Commission of a contribution towards the attainmentof any social or environmental policies set out or referred to in theguidance.

(3) Before giving any such guidance, the Secretary of State shallconsult—

(a) the Commission,

(b) the Council,

(c) any universal service provider,

(d) any licence holder under Part II who is not a universal serviceprovider, and

(e) such other persons as the Secretary of State considersappropriate.

(4) A draft of any guidance proposed to be given under this sectionshall be laid before each House of Parliament.

(5) Guidance shall not be given under this section until after the periodof 40 days starting with—

(a) the day on which the draft is laid before each House ofParliament, or

(b) if the draft is laid before the House of Lords on one day and theHouse of Commons on another day, the later of those two days.

(6) If, before the end of that period, either House resolves that theguidance should not be given, the Secretary of State shall not give it.

(7) In reckoning any period of 40 days for the purposes of subsection(5) or (6), no account shall be taken of any time during which—

(a) Parliament is dissolved or prorogued, or



Part III(b) both Houses are adjourned for more than four days.

(8) The Secretary of State shall publish any guidance given by himunder this section in such manner as he considers appropriate.

44.—(1) So far as the Commission considers it practicable to do so with Review andinformation.a view to facilitating the exercise of its functions, it shall—

(a) keep under review the provision (in the United Kingdom, othermember States and elsewhere) of postal services,

(b) collect information about the provision (in theUnitedKingdom,other member States and elsewhere) of those services.

(2) The Secretary of State may give directions indicatingconsiderations to which the Commission is to have particular regard indeciding the order of priority in which matters are to be reviewed inperforming its duty under subsection (1)(a).

(3) So far as the Commission considers it practicable to do so with aview to facilitating the exercise of its functions, it shall, in particular,collect information which enables comparisons to be made between theefficiency and economy of different postal operators (whether in theUnited Kingdom, other member States or elsewhere).

(4) The Commission shall from time to time collect information inrelation to the standards of performance achieved by—

(a) any universal service provider in the provision of a universalpostal service, and

(b) so far as not falling within paragraph (a), licence holders underPart II in the provision of services authorised or required bytheir licences.

(5) The Commission may collect such information as is necessary forit to comply with a notice of the Council under section 58(1).

(6) If the Commission considers it expedient or is asked by theSecretary of State to do so, it shall provide information, advice and helpto the Secretary of State regarding any matter in relation to which theCommission has a function.

45.—(1) The Commission shall, as soon as practicable after the end of Annual and otherreports: theeach financial year, make a report to the Secretary of State on its activitiesCommission.during that year (“the annual report”).

(2) The annual report for each year shall, in particular, include—

(a) a general survey of developments in relation to matters fallingwithin the scope of the Commission’s functions,

(b) a report as to the manner in which the Commission has compliedwith its obligations under the Postal Services Directive,

(c) a report as to whether each licence holder under Part II hasachieved any standards of performance specified for him in hislicence, or determined for him by or under it, in relation to theprovision of services authorised or required by his licence,

(d) a summary of final and provisional orders made under Part IIduring that year, of provisional orders confirmed under thatPart during that year, and penalties imposed under that Partduring that year,



Part III(e) a report on the progress of the projects described in the forward

work programme for that year (within the meaning of section61),

(f) a report on such other matters as the Secretary of State may fromtime to time require.

(3) The Secretary of State shall consult the Commission beforeexercising his power under subsection (2)(f) in relation to any matter.

(4) The Secretary of State shall—

(a) lay a copy of each annual report before each House ofParliament, and

(b) publish the report in such manner as he considers appropriate.

(5) The Commission may prepare other reports in relation to anymatter falling within the scope of its functions and may publish any suchreport in such manner as it considers appropriate.

(6) The Commission shall send a copy of each annual or other reportpublished under this section to the Council.

(7) So far as practicable the Commission shall secure the exclusionfrom any report under this section of any matter relating to the affairs ofa person if the Commission considers that its inclusion would or mightseriously and prejudicially affect the person’s interests.


(a) the person concerned consents to inclusion of the matter in thereport, or

(b) the Commission considers that inclusion of the matter in thereport would be in the public interest.

46.—(1) The Commission may publish such information and advice asPublication ofinformation and it considers expedient to give to—advice: the

(a) a universal service provider,Commission.

(b) any licence holder under Part II who is not a universal serviceprovider, or

(c) users of postal services.

(2) Publication under this section shall be in such form and manner asthe Commission considers appropriate.

(3) So far as practicable the Commission shall secure the exclusion ofany matter relating to the affairs of a person if the Commission considersthat its publication would or might seriously and prejudicially affect theperson’s interests.


(a) the person concerned consents to publication of the matter, or

(b) the Commission considers that publication of the matter wouldbe in the public interest.

47.—(1) The Commission may, for any relevant purpose, serve noticePower of theCommission to on any person requiring him—require

(a) to produce any documents which are specified or described in theinformation.notice and are in that person’s custody or under his control, and



Part III(b) to produce them at a time and place so specified and to a person

so specified.

(2) The Commission may, for any relevant purpose, serve notice onany person who carries on any business requiring him—

(a) to supply to the Commission such information as may bespecified or described in the notice, and

(b) to supply it at a time and place and in a form and manner sospecified and to a person so specified.

(3) The person to whom any document is produced in accordance witha notice under this section may, for any relevant purpose, copy thedocument so produced.

(4) No person shall be required under this section—

(a) to produce any documents which he could not be compelled toproduce in civil proceedings before the court, or

(b) to supply any information which he could not be compelled tosupply in evidence in such proceedings.

(5) Any reference in this section to the production of a documentincludes a reference to the production of a legible and intelligible copy ofinformation recorded otherwise than in legible form.


“the court”—(a) in relation to England and Wales or Northern Ireland,

means the High Court, and(b) in relation to Scotland, means the Court of Session,

“relevant purpose” means any purpose connected with—(a) the investigation of an offence under section 6 or any

proceedings for such an offence, or(b) the exercise of the Commission’s functions under

section 22, 23, 24, 30, 42 or 44(4) or (5).

48.—(1) A person commits an offence if, without reasonable excuse, he Informationpowers:fails to do anything required of him by a notice under section 47.enforcement.

(2) A person commits an offence if he intentionally obstructs or delaysany person in the exercise of his powers under section 47(3).

(3) A person who commits an offence under subsection (1) or (2) shallbe liable on summary conviction to a fine not exceeding level 5 on thestandard scale.

(4) A person commits an offence if he—

(a) intentionally alters, suppresses or destroys any document whichhe has been required to produce by a notice under section 47, or

(b) in supplying any information required of him by a notice undersection 47, makes any statement which he knows to be false ina material particular or recklessly makes any statement which isfalse in a material particular.

(5) A person who commits an offence under subsection (4) shall beliable—



Part III(a) on summary conviction, to a fine not exceeding the statutory

maximum,

(b) on conviction on indictment, to a fine.

(6) If a person makes default in complying with a notice under section47, the courtmay, on the application of the Commission,make such orderas the court considers appropriate for requiring the default to be madegood.

(7) Any such order may, in particular, provide that all the costs orexpenses of and incidental to the application shall be borne—

(a) by the person in default, or

(b) if officers of a company or other association are responsible forits default, by those officers.

(8) The reference in this section to the production of a documentincludes a reference to the production of a legible and intelligible copy ofinformation recorded otherwise than in legible form; and the reference tosuppressing a document includes a reference to destroying the means ofreproducing information recorded otherwise than in legible form.

(9) In this section “the court”—

(a) in relation to England and Wales or Northern Ireland, means theHigh Court, and

(b) in relation to Scotland, means the Court of Session.

49.—(1) Subsection (2) applies where, on an application made by aPowers of entryand seizure. constable or the Commission, a justice of the peace or, in Scotland, a

sheriff is satisfied that there are reasonable grounds for suspecting—

(a) that a person has committed an offence under section 6 (“thesuspect”), and

(b) that articles or documents of a particular description which arerequired for the purposes of an investigation of the offence areon particular premises.

(2) The justice or sheriff may issue a warrant authorising a personappointed by him (“the appointed person”) to enter the premisesconcerned, search for the articles or documents and, subject to subsection(3), seize and remove any that he may find.

(3) A warrant issued under subsection (2) shall not authorise theseizure and removal of any postal packet, mail-bag or document to whichsection 104(2) applies; but any such warrant may authorise the appointedperson to take copies of the cover of any such packet, bag or documentthat he finds.

(4) The appointed person, in the exercise of his powers under a warrantissued under this section, may if necessary use reasonable force.

(5) The appointed person, in seeking to enter any premises in theexercise of his powers under the warrant, shall, if required by or on behalfof the owner or occupier or person in charge of the premises, produceevidence of his identity, and of the warrant, before entering.

(6) Any articles or documents which have been seized and removedunder a warrant issued under this section may be retained until theconclusion of proceedings against the suspect.



Part III(7) For the purposes of this section, proceedings in relation to a suspect

are concluded if—

(a) he is found guilty and sentenced or otherwise dealt with for theoffence,

(b) he is acquitted,

(c) proceedings for the offence are discontinued, or

(d) it is decided not to prosecute him.

(8) In this section “premises” includes any vehicle, ship or aircraft.

50.—(1) The Commission shall prepare, and may revise, a code of Codes of practice.practice governing the discharge by it of its functions.

(2) The Commission shall, in exercising its functions, have regard tothe provisions of the code.

(3) In preparing or revising the code, the Commission shall consult—

(a) the Secretary of State,

(b) the Council,

(c) any universal service provider,

(d) any licence holder under Part II who is not a universal serviceprovider, and

(e) such other persons as the Commission considers appropriate.

(4) The Commission shall publish in such manner as it considersappropriate the code as for the time being in force.

The Council

51. In this section and sections 52 to 57— Relevant postalissues.“relevant postal issues”means the interests of users of relevant postal

services in the United Kingdom and matters affecting thoseinterests,

“relevant postal services” means any postal services provided inconnection with the provision of a universal postal service andany other postal services which are provided, or authorised orrequired to be provided, by a licence holder under Part II inaccordance with a licence under that Part,

and, for this purpose, services are provided in accordance with a licenceif the licence authorises or requires them to be provided by the licenceholder.

52.—(1) The Council shall— Provision ofadvice and(a) provide advice and information, information topublic authorities(b) represent the views of users of relevant postal services, andand licence

(c) make proposals, holders.

about relevant postal issues to any person mentioned in subsection (2).

(2) Those persons are—

(a) the Secretary of State, the Commission, the CompetitionCommission and any other public authority,

(b) any universal service provider,



Part III(c) any licence holder under Part II who is not a universal service

provider, and

(d) any other person whose activities may affect the interests of usersof relevant postal services.

(3) So far as practicable the Council shall secure that no informationrelating to the affairs of a person is disclosed under this section to a personmentioned in subsection (2)(b) to (d) if the Council considers that itsdisclosure would or might seriously and prejudicially affect the interestsof the person to whom it relates.

(4) Subsection (3) does not apply to any disclosure of information towhich the person to whom the information relates consents.

53.—(1) The Council shall make available to users of relevant postalPublication ofinformation to services such information as it considers expedient to give to such usersusers. about—

(a) relevant postal services,

(b) relevant postal issues, and

(c) itself and its functions.

(2) The Council may perform its function under subsection (1) by—

(a) publishing information in such form and manner as the Councilconsiders appropriate, or

(b) furnishing any such information to any user of relevant postalservices (whether in response to a request or otherwise).

(3) So far as practicable the Council shall secure that no informationrelating to the affairs of a person is disclosed under this section if theCouncil considers that its disclosure would or might seriously andprejudicially affect the interests of the person to whom it relates.

(4) Subsection (3) does not apply to any disclosure of information towhich the person to whom the information relates consents.

54.—(1) The Council shall, in exercising its functions in relation toExercise offunctions: general. relevant postal services, have regard to the interests of different users of

relevant postal services (including, in particular, the interests of users indifferent areas).

(2) The Council shall, in exercising its functions, have regard to theinterests of—

(a) individuals who are disabled or chronically sick,

(b) individuals of pensionable age,

(c) individuals with low incomes, and

(d) individuals residing in rural areas,

but that is not to be taken as implying that regard may not be had to theinterests of other descriptions of persons.

(3) So far as the Council considers it practicable to do so with a viewto facilitating the exercise of its functions, it shall collect and keep underreview information about—

(a) the provision (in the United Kingdom and elsewhere) of postalservices, and



Part III(b) the interests and views of users of postal services in the United

Kingdom and matters affecting those interests and views.

(4) As part of the arrangements it makes for exercising its functions,the Council—

(a) shall establish—(i) a committee for Scotland,(ii) a committee for Wales, and(iii) a committee for Northern Ireland,

(b) may establish other committees for any areas within Scotland,Wales or Northern Ireland, and

(c) shall establish at least one committee, and may establish othercommittees, in relation to England (whether a committee forEngland or a committee for an area within England).

(5) The purposes of a committee established under subsection (4) (inthis Act referred to as a “regional committee”) shall be—

(a) the provision of advice and information to the Council aboutrelevant postal issues affecting the area for which it isestablished, and

(b) such other purposes as the Council may determine.

(6) The Council shall maintain in each of England, Scotland, Walesand Northern Ireland at least one office at which users of relevant postalservices may apply for information.

55.—(1) The Council shall, as soon as practicable after the end of each Annual and otherreports: thefinancial year, make a report to the Secretary of State on its activitiesCouncil.during that year (“the annual report”).

(2) The Secretary of State shall—

(a) lay a copy of each annual report before each House ofParliament, and

(b) publish the report in such manner as he considers appropriate.

(3) The Council may prepare other reports in relation to any matterfalling within the scope of its functions and may publish any such reportin such manner as it considers appropriate.

(4) A report under this section shall contain such information as maybe specified in any direction given to the Council by the Secretary of State.

(5) So far as practicable the Council shall secure the exclusion fromany report under this section of any matter relating to the affairs of aperson if the Council considers that its inclusion would or might seriouslyand prejudicially affect the person’s interests.

(6) Subsection (5) does not apply if the person concerned consents toinclusion of the matter in the report.

56.—(1) Where a matter which relates to the provision of relevant Complaintsreferred to thepostal services is referred to the Council by or on behalf of a user of suchCouncil.services and—

(a) the matter has previously been the subject of a complaint to theperson providing the service concerned,

(b) the complaint has not been satisfactorily resolved, and



Part III(c) the matter does not appear to the Council to be of a frivolous or

vexatious nature,

the Council shall investigate the matter as it considers appropriate.

(2) Where, as the result of any such investigation, the Councilconsiders that—

(a) a condition of a licence under Part II may have beencontravened,

(b) the matter referred, or any other matter, is a referable matter, or

(c) it is appropriate to do so,

it shall, as soon as practicable, refer the matter concerned to theCommission for its consideration.

(3) The Council and the Commission shall from time to time agree thedescriptions of matters which are to be referred to the Commission and,for the purposes of subsection (2)(b), a matter is a “referable matter” if itis of a description for the time being so agreed.

57.—(1) The Council may investigate—Power of theCouncil to (a) any matter (not being a matter which it is under a duty toinvestigate other

investigate under section 56) which it considers to be a mattermatters.relating to the interests of users of relevant postal services, and

(b) any matter relating to the number and location of public postoffices.

(2) The Council may send a report on any matter investigated underthis section to—

(a) the Commission,

(b) the Secretary of State,

(c) the Director General of Fair Trading, or

(d) any other public authority whose functions appear to theCouncil to be exercisable in relation to that matter.

(3) Subject to subsection (4), the Council may also—

(a) send a report on any such matter to any person who appears tothe Council to have an interest in the matter, and

(b) publish any such report in such manner as the Council considersappropriate.

(4) So far as practicable the Council shall secure the exclusion fromany report under subsection (3) of any matter relating to the affairs of aperson if the Council considers that its inclusion would or might seriouslyand prejudicially affect the person’s interests.

(5) Subsection (4) does not apply if the person concerned consents toinclusion of the matter in the report.

58.—(1) The Council may serve notice on any person mentioned inPower of theCouncil to require subsection (2) requiring him—information.

(a) to supply to the Council such information specified or describedin the notice as the Council may reasonably require in theexercise of its functions, and



Part III(b) to supply it at a time and place and in a form and manner so

specified and to a person so specified.

(2) The persons on whom a notice under subsection (1) may beserved are—

(a) the Commission,

(b) a universal service provider,

(c) any licence holder under Part II who is not a universal serviceprovider.

(3) In deciding whether to serve a notice under this section and thecontents of any such notice, the Council shall have regard to thedesirability of minimising the costs of, and any other detriment to, theperson on whom the notice may be, or is to be, served.

(4) Subject to subsections (5) to (7), a person on whom a notice isserved under this section shall comply with the notice.

(5) The Commission may refuse to supply information required fromit by a notice under this section if subsection (7) applies.

(6) A person falling within subsection (2)(b) or (c) may refuse to supplyinformation required from him by a notice under this section if theCommission determines that he need not comply with the notice; and theCommission may so determine if subsection (7) applies.

(7) This subsection applies if the Commission considers that—

(a) the information concerned is not reasonably required by theCouncil in the exercise of its functions,

(b) the information concerned is of a description specified in anorder made by the Secretary of State, or

(c) any other circumstances so specified apply.

(8) The Commission shall, if required by the Council to do so, give astatement to the Council of its reasons for—

(a) a refusal to supply information under this section,

(b) a determination under subsection (6),

and the Councilmay publish that statement in suchmanner as it considersappropriate.

(9) No person shall be required under this section—

(a) to produce any documents which he could not be compelled toproduce in civil proceedings before the court, or

(b) to supply any information which he could not be compelled tosupply in evidence in such proceedings.

(10) If a person makes default in complying with a notice under thissection, the courtmay, on the application of theCouncil, make such orderas the court considers appropriate for requiring the default to be madegood.



(b) if officers of a company or other association are responsible forits default, by those officers.



Part III(12) In this section, “the court”—



The Commission and the Council

59.—(1) The Council shall, as soon as practicable after being requiredProvision ofinformation by to do so by theCommission, provide to theCommission such informationthe Council to the relating to the exercise of the Commission’s functions as the CommissionCommission. may require.

(2) The Secretary of State may by order specify—

(a) descriptions of information which the Council may refuse toprovide under this section, and

(b) circumstances in which the Council may refuse to provideinformation under this section.

(3) Where the Council refuses to provide any information under thissection, it shall give notice to the Commission of the reason for its refusaland the Commission may publish that notice in such manner as itconsiders appropriate.

60.—(1) The Commission and the Council shall make arrangementsMemorandum ofunderstanding. with a view to securing—

(a) co-operation and the exchange of information between them,and

(b) consistent treatment of matters which affect both of them.

(2) As soon as practicable after agreement is reached on thosearrangements, the Commission and the Council shall prepare amemorandum setting them out and send a copy of it to the Secretary ofState.

(3) Arrangements under this section shall be kept under review by theCommission and the Council.

(4) As soon as practicable after agreement is reached on any changesto those arrangements, the Commission and the Council shall revise theirmemorandum and send a copy of the revised memorandum to theSecretary of State.

(5) The Secretary of State shall lay before each House of Parliament acopy of any document received by him under this section.

61.—(1) The Commission and the Council shall, before each financialForward workprogrammes. year, each publish a document (“the forward work programme”)

containing a general description of the projects, other than thosecomprising routine activities in the exercise of its functions, which it plansto undertake during the year.

(2) That description shall, in particular, include—

(a) the objectives of each project, and

(b) an estimate of the overall expenditure which the Commission orthe Council expects to incur during the year in undertaking theprojects.



Part III(3) Before publishing the forward work programme for any year, the

Commission or the Council shall—

(a) give notice of the draft forward work programme, and



(a) contain a draft of the forward work programme, and

(b) specify the period within which representations may be madeabout the proposals contained in it.


(a) serving a copy of the notice on the Secretary of State, and theCouncil or (as the case may be) the Commission, and

(b) publishing the notice in such manner as the Commission or (asthe case may be) the Council considers appropriate for thepurpose of bringing thematters to which the notice relates to theattention of persons likely to be affected by them.

Part IV

Reorganisation of the Post Office

Transfer of property etc.

62.—(1) On such day as the Secretary of State may by order appoint, Transfer ofproperty etc. toall the property, rights and liabilities to which the Post Office was entitlednominatedor subject immediately before that day shall become by virtue of thiscompany.section property, rights and liabilities of a company nominated for the

purposes of this section by order of the Secretary of State.

(2) The Secretary of State may nominate for the purposes of thissection any company formed and registered under the Companies Act 1985 c. 6.1985, subject to subsections (3) and (4).

(3) The Secretary of State shall consult the Post Office beforenominating a company for the purposes of this section.

(4) On the appointed day the company concerned must be a companylimited by shares which is wholly owned by the Crown.

(5) An order made under this section may be varied or revoked by asubsequent order at any time before any property, rights or liabilities ofthe Post Office vest in a company by virtue of this section.

(6) Schedule 3 (which makes supplementary provision) shall haveeffect.

(7) For the purposes of this Part a company shall be treated as whollyowned by the Crown at any time when each of the issued shares of thecompany is held by, or by a nominee of, the Treasury or the Secretaryof State.

(8) In this Part—

“the appointed day” means the day appointed under this section,and

“the Post Office company” means the company nominated for thepurposes of this section.



Part IVThe Post Office company etc: government holdings

63.—(1) The Post Office company or any of its wholly ownedGovernmentholding in the subsidiaries shall issue such securities of the company or subsidiaryPost Office concerned as the Secretary of State may direct.company andcertain (2) Subject to subsections (3) and (4), any such securities shall, as thesubsidiaries. Secretary of State may direct, be issued to the Treasury or the Secretary

of State.

(3) If the Secretary of State gives a direction under subsection (1) forthe purpose of requiring an issue of shares or share rights for which priorapproval has been given in accordance with section 67, the shares or sharerights concerned shall be issued to the person approved for that purposein accordance with that section.

(4) If the Secretary of State gives a direction under subsection (1) forthe purpose of requiring a relevant subsidiary to issue shares or sharerights in it to the Post Office company or to another relevant subsidiaryof which it is a subsidiary, the shares or share rights concerned shall beissued to the Post Office company or (as the case may be) to the otherrelevant subsidiary.

(5) The Secretary of State shall not give a direction under this sectionwithout the consent of the Treasury or at a time when the Post Officecompany is not wholly owned by the Crown.

(6) Securities to be issued in pursuance of this section shall be issued atsuch time or times, and (subject to subsection (7)) on such terms, as theSecretary of State may direct.

(7) Any shares issued in pursuance of this section—

(a) shall be of such nominal value as the Secretary of State maydirect, and

(b) shall be issued as fully paid and treated for the purposes of theCompanies Act 1985 or the Companies (Northern Ireland)1985 c. 6.Order 1986 as if they had been paid up by virtue of payment ofS.I. 1986/1032

(N.I. 6). their nominal value in cash.

(8) In this Part “relevant subsidiary” means any subsidiary of the PostOffice company which—

(a) delivers relevant postal packets in the United Kingdom,

(b) collects relevant postal packets from access points in the UnitedKingdom,

(c) receives, sorts or conveys relevant postal packets in the UnitedKingdom, or

(d) provides a registered post service in the United Kingdom,

and any other subsidiary of the Post Office company which holds sharesor share rights in, or is connected to, any such subsidiary.

(9) For the purposes of subsection (8), a subsidiary of the Post Officecompany is connected to another such subsidiary which falls within anyof paragraphs (a) to (d) of that subsection (“the operating subsidiary”) ifit forms part of a chain of subsidiaries of the Post Office company whichleads to the operating subsidiary and which is identified by the fact thateach member of the chain holds shares or share rights in the nextsubsidiary in the chain.



Part IV(10) In subsection (8) “access point” and “relevant postal packets”

have the same meaning as in section 4.

64.—(1) The Treasury or, with the consent of the Treasury, the Governmentinvestment inSecretary of State may at any time acquire securities of the Post Officesecurities of thecompany or of any of its subsidiaries.Post Officecompany and its(2) The Secretary of State shall not, without the consent of thesubsidiaries.Treasury, dispose of any securities acquired by him in pursuance of this

section.

(3) Subsection (2) does not apply to any disposal which is exceptedfrom subsection (1) or (2) of section 66 by virtue of subsection (3) or (5)of that section.

The Post Office company etc: restrictions on dealings

65.—(1) No shares or share rights in the Post Office company shall be Restriction onissue of shares toissued on or after the appointed day unless—third parties.

(a) they are issued to the Treasury, the Secretary of State or anynominee of either of them, or

(b) the issue is one for which prior approval has been given inaccordance with section 67.

(2) No shares or share rights in any relevant subsidiary of the PostOffice company shall be issued on or after the appointed day unless—

(a) they are issued to the Treasury, the Secretary of State or anynominee of either of them,

(b) they are issued to the Post Office company or any other relevantsubsidiary of which the relevant subsidiary concerned is asubsidiary or any nominee of the Post Office company or of theother relevant subsidiary, or

(c) the issue is one for which prior approval has been given inaccordance with section 67.

66.—(1) Neither the Treasury nor the Secretary of State nor any Restriction ondisposals of sharesnominee of either of them shall, on or after the appointed day, dispose ofto third parties.any of the issued shares or any share rights in the Post Office company or

any relevant subsidiary which are held by him.

(2) Neither the Post Office company nor any subsidiary of thatcompany nor any nominee of the company or subsidiary shall, on or afterthe appointed day, dispose of any of the issued shares or any share rightsin a relevant subsidiary which are held by the company, subsidiary ornominee concerned.

(3) Subsection (1) does not apply in relation to any disposal by theTreasury, the Secretary of State or a nominee of either of them to anyother person falling within this subsection.

(4) Subsection (2) does not apply in relation to any disposal by the PostOffice company, any subsidiary of that company or any nominee of thecompany or subsidiary to any other person falling within this subsection.



Part IV(5) Subsections (1) and (2) do not apply in relation to any disposal for

which prior approval has been given in accordance with section 67.

67.—(1) Prior approval is given in accordance with this section if theApproveddisposals. proposed issue or disposal is approved by a resolution of each House of

Parliament passed on a motion moved by or on behalf of the Secretaryof State.

(2) The motion shall, in particular, specify—

(a) the size and nature of the proposed issue or disposal,

(b) the person to whom the proposed issue or disposal is to bemade, and

(c) the purpose of the proposed issue or disposal.

(3) No such motion shall be moved by or on behalf of the Secretary ofState in relation to a proposed issue or disposal of shares or share rightsin the Post Office company unless—

(a) the Post Office company has agreed to be a party to a jointventure, or another arrangement for working together withanother person, which the Post Office company considers to bein its commercial interests,

(b) the arrangement includes the proposed issue or disposal,

(c) the Post Office company has recommended to the Secretary ofState that the proposed issue or disposal take place,

(d) the Secretary of State is satisfied that the proposed issue ordisposal is for the purpose of securing the arrangement inquestion and that the arrangement is in the commercial interestsof the Post Office company, and

(e) the Treasury have given their consent to the proposed issue ordisposal.

(4) No such motion shall be moved by or on behalf of the Secretary ofState in relation to a proposed issue or disposal of shares or share rightsin a relevant subsidiary unless—

(a) the Post Office company or the relevant subsidiary has agreed tobe a party to a joint venture, or another arrangement forworking together with another person, which the Post Officecompany considers to be in the commercial interests of the PostOffice company,

(b) the arrangement includes the proposed issue or disposal,

(c) the Post Office company has recommended to the Secretary ofState that the proposed issue or disposal take place,

(d) the Secretary of State is satisfied that the proposed issue ordisposal is for the purposes of securing the arrangement inquestion and that the arrangement is in the commercial interestsof the Post Office company, and

(e) the Treasury have given their consent to the proposed issue ordisposal.



Part IVFinancial provisions

68.—(1) The Secretary of State may, on or after the appointed day and Loans by theSecretary of Statewith the approval of the Treasury, make loans to the Post Office companyto the Post Officeor any of its subsidiaries.company and itssubsidiaries.(2) Interest shall be paid on loans made by the Secretary of State under

this section at such rates as the Secretary of State may, with the approvalof the Treasury, direct.

(3) Subject to that, the loans shall be on such terms as may be—

(a) agreed between the Secretary of State and the company to whichthe loan is made, and

(b) approved by the Treasury.

(4) The terms shall, in particular, include provision as to the times andmethods of payment of the principal and interest.

(5) The power of the Secretary of State to make loans under thissection includes power to make loans in currencies other than sterling.

(6) The Treasury may issue out of the National Loans Fund to theSecretary of State such sums as are necessary to enable him to make loansunder this section.

(7) Such sums may be issued in sterling or, where the loan is to be in acurrency other than sterling, in that currency or in sterling.

(8) Any sums received by the Secretary of State by way of repaymentof, or interest on, a loan made by him under this section shall be paid intothe National Loans Fund.

69.—(1) The Secretary of State may, on or after the appointed day and Guarantees by theSecretary of Statein such manner and on such conditions as he considers appropriate,for the Post Officeguarantee the discharge of any financial obligation of the Post Officecompany and itscompany or any of its subsidiaries.subsidiaries.

(2) As soon as practicable after giving a guarantee under subsection(1), the Secretary of State shall lay a statement of the guarantee beforeeach House of Parliament.

(3) If any sums are paid by the Secretary of State in fulfilment of aguarantee given under subsection (1), the Post Office company or thesubsidiary concerned shall make to the Secretary of State, at such timesand in such manner as the Secretary of State may direct—

(a) payments, of such amounts as the Secretary of State may direct,in or towards repayment of the sums paid by the Secretary ofState, and

(b) payments of interest on what is outstanding in respect of thesums paid by the Secretary of State, at such rate as the Secretaryof State may direct.

(4) If any sums are paid by the Secretary of State in fulfilment of aguarantee given under subsection (1), the Secretary of State shall—

(a) lay a statement relating to the sums before each House ofParliament as soon as practicable after the end of the financialyear in which the sums were paid, and



Part IV(b) lay a statement before each House of Parliament as soon as

practicable after the end of any subsequent financial year inwhich there is an outstanding liability in relation to theobligation which is the subject of the guarantee.

(5) Any statement under subsection (4) shall include a statement of—

(a) any amounts received by the Secretary of State during thefinancial year concerned in or towards repayment of, or asinterest in respect of, sums paid by him in fulfilment of anyguarantee given under subsection (1), and

(b) any amounts outstanding at the end of that year in respect ofsums so paid by the Secretary of State.

70.—(1) The Secretary of State may, on or after the appointed day, byExtinguishment ofcertain liabilities. order extinguish all or any of the liabilities of the Post Office company or

of any of its subsidiaries in respect of—

(a) such sums paid by the Treasury, in fulfilment of guarantees givenunder section 38 of the Post Office Act 1969, as may be specified1969 c. 48.in the order, or

(b) such sums paid by the Secretary of State, in fulfilment ofguarantees given under section 69 of this Act, as may bespecified in the order.

(2) The Secretary of State may, on or after the appointed day, by orderextinguish such liabilities to him of the Post Office company or of any ofits subsidiaries as may be specified in the order; but the order shall notspecify liabilities which—

(a) may be extinguished under subsection (1), or

(b) relate to taxes, duties or fines.

(3) Before exercising any power under subsection (1) or (2) in relationto liabilities of the Post Office company, the Secretary of State shallconsult that company.

(4) Before exercising any power under subsection (1) or (2) in relationto liabilities of a subsidiary of the Post Office company, the Secretary ofState shall consult the Post Office company and the subsidiary.

(5) The Secretary of State may by order repeal this section.

(6) The Secretary of State shall not exercise any power conferred onhim by subsection (1), (2) or (5) without the consent of the Treasury.

71.—(1) The Secretary of State and the Treasury shall exercise theirLimit on loansand other powers under or by virtue of this Act so as to ensure that, on and after thearrangements with appointed day, the Crown’s financial arrangements with the Post Officegovernment. company and any of its subsidiaries do not at any time exceed £5,000

million or such greater sum as the Secretary of State may by order specify.

(2) For the purposes of subsection (1) the Crown’s financialarrangements with the Post Office company and any of its subsidiaries arethe aggregate of—

(a) amounts outstanding in respect of the principal of loans madeunder section 37 of the Post Office Act 1969,



Part IV(b) amounts outstanding (otherwise than by way of interest) in

respect of sums paid by the Treasury in fulfilment of guaranteesgiven under section 38 of that Act,

(c) amounts outstanding in respect of the principal of loans madeunder section 68 of this Act,

(d) amounts outstanding (otherwise than by way of interest) inrespect of sums paid by the Secretary of State in fulfilment ofguarantees given under section 69 of this Act,

(e) amounts outstanding in respect of the principal of debt securitiesissued in pursuance of section 63 of this Act, and

(f) liabilities extinguished under section 70 of this Act so far as theyare not replaced with corresponding liabilities.

(3) No order shall be made under subsection (1) unless a draft of it hasbeen approved by a resolution of the House of Commons.

(4) For the purposes of this section equivalents in sterling shall becalculated as the Secretary of State considers appropriate.

72.—(1) The Secretary of State may, on or after the appointed day, give Reserves of thePost Officedirections to the Post Office company—company and its

(a) requiring it to allocate to a reserve generally, or to a reserve for subsidiaries.a particular purpose, or to cause any of its subsidiaries so toallocate to a reserve, either a specified amount or such amountas the Post Office company considers appropriate,

(b) requiring it to re-allocate for a specified purpose, or to cause anyof its subsidiaries so to re-allocate, the whole or any part of anyamount previously allocated by the Post Office company or (asthe case may be) subsidiary to a reserve for some otherpurpose, or

(c) with respect to the application by the Post Office company or anyof its subsidiaries of amounts allocated to a reserve inaccordance with a direction under this section.

(2) Directions requiring the allocation of any amount to a reserve mayprovide for it to be so allocated either at a specified time or during thecourse of a specified period.

(3) Directions under subsection (1)(c) may, in particular, requireamounts allocated to a reserve in accordance with a direction under thissection to be applied as if they were profits available for distributionwithin themeaning of section 263(1) of theCompaniesAct 1985 orArticle 1985 c. 6.271(1) of the Companies (Northern Ireland) Order 1986 (distributions to S.I. 1986/1032

(N.I. 6).be made out of profits).

(4) Despite subsection (3), no part of a reserve to which amounts havebeen allocated in accordance with this section shall count as anundistributable reserve of the company concerned for the purposes ofsection 264(3)(d) of the Act of 1985 or Article 272(3)(d) of the Order of1986 (restriction on distribution of assets).

(5) For the purpose of determining under section 264 of the Act of1985 or Article 272 of the Order of 1986 whether the company concernedmay make a distribution at any time, any amount for the time beingstanding to the credit of the reserve concerned (excluding any amountwhich by virtue of subsection (3) above is authorised to be, but has not



Part IVyet been, applied as if it were profits available for distribution) shall betreated for the purposes of section 264(3)(c) of the Act of 1985 or Article272(3)(c) of the Order of 1986 as if it were unrealised profits of thecompany.

(6) The Secretary of State shall consult the Post Office company beforegiving a direction under this section.

(7) No direction shall be given under this section without the consentof the Treasury.

73.—(1) For the purposes of any statutory accounts of the Post OfficeStatutoryaccounts of the company—Post Office

(a) the transfer effected by virtue of section 62 shall be taken to havecompany.been a transfer of all the property, rights and liabilities to whichthe Post Office was entitled or subject immediately before theend of the last accounting year of the Post Office ending beforethe appointed day and to have been effected immediately afterthe end of that year, and

(b) the value or amount (as at the time of transfer) of any asset orliability of the Post Office taken to have been transferred to thePost Office company by virtue of paragraph (a) shall be takento be the value or (as the case may be) the amount assigned tothat asset or liability for the purposes of the correspondingstatement of accounts prepared by the Post Office in relation tothat year.

(2) For the purposes of any statutory accounts of the Post Officecompany the amount to be included in respect of any item shall bedetermined as if anything done by the Post Office (whether by way ofacquiring, revaluing or disposing of any asset or incurring, revaluing ordischarging any liability, or by carrying any amount to any provision orreserve, or otherwise) had been done by the Post Office company.

(3) Accordingly (but without prejudice to the generality ofsubsection (2))—

(a) the amount to be included from time to time in any reserves ofthe Post Office company as representing its accumulatedrealised profits shall be determined as if any profits realised andretained by the Post Office had been realised and retained by thePost Office company, and

(b) the amount to be included from time to time in any statutoryaccounts of the Post Office company as representing itsaccumulated realised losses shall be determined as if any lossesrealised by the Post Office had been realised by the Post Officecompany.

(4) In this section “statutory accounts”, in relation to the Post Officecompany,means any accounts of that company prepared for the purposesof any provision of the Companies Act 1985 (including group accounts).1985 c. 6.

74.—(1) If the Secretary of State so directs, the Post Office companyFurther provisionsrelating to the shall be taken to have assumed a debt to the Secretary of State of suchcapital structure amount as may be specified in the direction.of the Post Officecompany.



Part IV(2) The terms of any such debt, including the terms as to the payment

of interest and repayment, shall be such as the Secretary of State mayfrom time to time determine.

(3) The Post Office company shall issue such debt securities of thecompany as the Secretary of State may direct; and any such securitiesshall, as the Secretary of State may direct, be issued to the Treasury or theSecretary of State.

(4) Debt securities to be issued in pursuance of subsection (3) shall beissued at such time or times, and on such terms, as the Secretary of Statemay direct.

(5) Subsections (3) and (4) are without prejudice to any powerconferred by section 63.

(6) The Secretary of State may by order repeal this section.

(7) The Secretary of State—

(a) shall not exercise any power under this section without theconsent of the Treasury or before the appointed day, and

(b) shall, before exercising any such power (other than the powerunder subsection (6)), consult the Post Office company.

(8) In this Part “debt securities” means any instrument creating oracknowledging indebtedness which is issued by a company including, inparticular, debentures, loan stock, bonds and certificates of deposit.

Dissolution of the Post Office

75.—(1) The Post Office shall continue in existence after the appointed Dissolution of thePost Office.day until it is dissolved in accordance with this section.

(2) The Secretary of State may by order, after consulting the PostOffice and the Post Office company, dissolve the Post Office on a dayspecified in the order.

(3) No order shall be made under subsection (2) unless the Secretaryof State is satisfied that nothing further remains to be done by the PostOffice under paragraph 9 of Schedule 3 or an order made under this Act.

Supplementary provisions

76.—(1) The Secretary of State shall, in respect of each financial year, Accounts of theSecretary of Stateprepare in such form and manner as the Treasury may direct, anin relation toaccount of—loans.

(a) sums issued to him under section 68(6),

(b) sums received by him as mentioned in section 68(8), and

(c) the disposal by him of the sums mentioned in paragraphs (a)and (b).

(2) The Secretary of State shall send the account to the Comptrollerand Auditor General not later than the end of the month of November inthe following financial year.

(3) The Comptroller and Auditor General shall—

(a) examine, certify and report on the account, and

(b) lay copies of it, together with his report, before each House ofParliament.



Part IVPublicity 77.—(1) The Post Office company shall send to the Secretary of State—requirements for (a) a copy of all annual accounts of the company on which thecertain accounts

company’s auditors have made a report under section 235 of theand reports of theCompanies Act 1985, andPost Office

company. (b) a copy of the auditor’s report,1985 c. 6.

as soon as practicable after the report has been made.

(2) The Post Office company shall send to the Secretary of State a copyof the report prepared by its directors under section 234 of the CompaniesAct 1985 in relation to any year which includes the appointed day or anysubsequent year as soon as practicable after the report has been approvedand signed under section 234A of that Act.

(3) The Secretary of State shall lay a copy of the accounts and reportsreceived by him under this section before each House of Parliament.

(4) In this section “annual accounts” means annual accounts (withinthe meaning of Part VII of the Companies Act 1985) which relate to anyyear which includes the appointed day or to any subsequent year.

78.—(1) The Treasury may, on or after the appointed day, serve noticeInformationrequirements on on the Post Office company—the Post Office

(a) requiring it to supply to the Treasury such information—company.(i) as the Treasury may reasonably require for the

performance of their functions in relation to public sectorfinance, and

(ii) as may be specified or described in the notice, and

(b) specifying the time, place, manner and form in which any suchinformation is to be supplied and the person to whom it is to besupplied.

(2) If a person makes default in complying with a notice undersubsection (1), the court may, on the application of the Treasury, makesuch order as the court considers appropriate for requiring the default tobe made good.



(b) if officers of a company are responsible for its default, by thoseofficers.

(4) In this section “the court”—



79.—(1) The Treasury or, with the consent of the Treasury, theExercise offunctions through Secretary of State may for the purposes of sections 63, 64 or 74(3) and (4)nominees. appoint a person to act as the nominee, or one of the nominees, of the

Treasury or the Secretary of State.

(2) In accordance with directions given by the Treasury or, with theconsent of the Treasury, the Secretary of State—



Part IV(a) securities may be issued in pursuance of section 63 or 74(3) and

(4) to a nominee of the Treasury or the Secretary of Stateappointed for the purposes of that section, and

(b) a nominee of theTreasury or the Secretary of State appointed forthe purposes of section 64 may acquire securities in pursuanceof that section.

(3) A person holding any securities or rights as a nominee of theTreasury or the Secretary of State by virtue of this section shall hold anddeal with them (or any of them) on such terms and in such manner as theTreasury or, with the consent of the Treasury, the Secretary of Statemay direct.

80.—(1) For the purposes of the provisions of the Companies Act 1985 Shadow directors.listed in subsection (2) neither the Treasury nor the Secretary of State 1985 c. 6.shall be regarded as a shadow director of the Post Office company.


(a) section 288 (register of directors),

(b) section 305 (directors’ names on correspondence etc),

(c) section 317 (disclosure of interests in contracts),

(d) section 320 (transactions involving directors),

(e) section 323 (prohibition on dealing in share options),

(f) section 324 (disclosure of shareholdings),

(g) section 325 (register of directors’ interests), and

(h) section 330 (restriction on loans).

81.Schedule 4 (taxation provisions in relation to the transfer to the Post Tax.Office company) shall have effect.

82.—(1) In this Part— Interpretation:Part IV.“the appointed day” has the meaning given by section 62(8),

“debenture” includes debenture stock,

“debt securities” has the meaning given by section 74(8),

“the Post Office company” has the meaning given by section 62(8),

“relevant subsidiary” has the meaning given by section 63(8),

“securities”, in relation to a company, includes shares, debt securitiesand other securities of the company,whether or not constitutinga charge on the assets of the company, and the right to subscribefor, or to acquire, such securities and any other rights inconnection with such securities,

“share rights” means, in relation to any shares, rights to subscribefor, or to acquire, the shares and any other rights in connectionwith the shares,

“shares” includes stock, and

“wholly owned by the Crown” has the meaning given by section62(7).

(2) References in this Part to property, rights and liabilities of the PostOffice are references to all such property, rights and liabilities, whether ornot capable of being transferred or assigned by the Post Office.



Part IV(3) It is hereby declared for the avoidance of doubt that—

(a) any reference in this Part to property of the Post Office is areference to property of the Post Office whether situated in theUnited Kingdom or elsewhere, and

(b) any reference in this Part to rights or liabilities of the Post Officeis a reference to rights to which the Post Office is entitled, or (asthe case may be) liabilities to which it is subject, whether underthe law of the United Kingdom or of any part of the UnitedKingdom or under the law of any country or territory outsidethe United Kingdom.

Part V

Offences in relation to Postal Services

Offences of interfering with the mail

83.—(1) A person who is engaged in the business of a postal operatorInterfering withthe mail: postal commits an offence if, contrary to his duty and without reasonableoperators. excuse, he—

(a) intentionally delays or opens a postal packet in the course of itstransmission by post, or

(b) intentionally opens a mail-bag.

(2) Subsection (1) does not apply to the delaying or opening of a postalpacket or the opening of a mail-bag under the authority of—

(a) this Act or any other enactment (including, in particular, inpursuance of a warrant issued under any other enactment), or

(b) any directly applicable Community provision.

(3) Subsection (1) does not apply to the delaying or opening of a postalpacket in accordance with any terms and conditions applicable to itstransmission by post.

(4) Subsection (1) does not apply to the delaying of a postal packet asa result of industrial action in contemplation or furtherance of a tradedispute.

(5) In subsection (4) “trade dispute” has the meaning given by section244 of the Trade Union and Labour Relations (Consolidation) Act 19921992 c. 52.or Article 127 of the Trade Union and Labour Relations (NorthernS.I. 1995/1980

(N.I.12). Ireland) Order 1995; and the reference to industrial action shall beconstrued in accordance with that Act or (as the case may be) that Order.

(6) A person who commits an offence under subsection (1) shall beliable—

(a) on summary conviction, to a fine not exceeding the statutorymaximum or to imprisonment for a term not exceeding sixmonths or to both,

(b) on conviction on indictment, to a fine or to imprisonment for aterm not exceeding two years or to both.

84.—(1) A person commits an offence if, without reasonable excuse,Interfering withthe mail: general. he—

(a) intentionally delays or opens a postal packet in the course of itstransmission by post, or



Part V(b) intentionally opens a mail-bag.

(2) Subsections (2) to (5) of section 83 apply to subsection (1) above asthey apply to subsection (1) of that section.

(3) A person commits an offence if, intending to act to a person’sdetriment and without reasonable excuse, he opens a postal packet whichhe knows or reasonably suspects has been incorrectly delivered to him.

(4) Subsections (2) and (3) of section 83 (so far as they relate to theopening of postal packets) apply to subsection (3) above as they apply tosubsection (1) of that section.

(5) A person who commits an offence under subsection (1) or (3) shallbe liable on summary conviction to a fine not exceeding level 5 on thestandard scale or to imprisonment for a term not exceeding six months orto both.

Prohibition on sending certain articles by post

85.—(1) A person commits an offence if he sends by post a postal Prohibition onsending certainpacket which encloses any creature, article or thing of any kind which isarticles by post.likely to injure other postal packets in course of their transmission by post

or any person engaged in the business of a postal operator.

(2) Subsection (1) does not apply to postal packets which encloseanything permitted (whether generally or specifically) by the postaloperator concerned.

(3) A person commits an offence if he sends by post a postal packetwhich encloses—

(a) any indecent or obscene print, painting, photograph, lithograph,engraving, cinematograph film or other record of a picture orpictures, book, card or written communication, or

(b) any other indecent or obscene article (whether or not of a similarkind to those mentioned in paragraph (a)).

(4) A person commits an offence if he sends by post a postal packetwhich has on the packet, or on the cover of the packet, any words, marksor designs which are of an indecent or obscene character.

(5) A person who commits an offence under this section shall beliable—


(b) on conviction on indictment, to a fine or to imprisonment for aterm not exceeding twelve months or to both.

Additional protection for universal postal service

86.—(1) A person commits an offence if, without due authority, he Prohibition onaffixingaffixes any advertisement, document, board or thing in or on anyadvertisements onuniversal postal service post office, universal postal service letter box orcertain letterother property belonging to, or used by, a universal service provider inboxes etc.

connection with the provision of a universal postal service.

(2) A person commits an offence if, without due authority, he paintsor in any way disfigures any such office, box or property.



Part V(3) A person who commits an offence under subsection (1) or (2) shall

be liable on summary conviction to a fine not exceeding level 3 on thestandard scale.

(4) In this Act—

“universal postal service letter box” means any box or receptacleprovided by a universal service provider for the purpose ofreceiving postal packets, or any class of postal packets, foronwards transmission in connection with the provision of auniversal postal service, and

“universal postal service post office” includes any house, building,room, vehicle or place used for the provision of any postalservices in connection with the provision of a universal postalservice or a part of such a service.

87.—(1) A person commits an offence if, without the authority of theProhibition onmisleading universal service provider concerned, he places or maintains in or on anydescriptions. house, wall, door, window, box, post, pillar or other place belonging to

him or under his control, any of the following words, letters or marks—

(a) the words “letter box” accompanied with words, letters or markswhich signify or imply, or may reasonably lead the public tobelieve, that it is a universal postal service letter box, or

(b) any words, letters or marks which signify or imply or mayreasonably lead the public to believe that any house, building,room, vehicle or place is a universal postal service post office, orthat any box or receptacle is a universal postal service letter box.

(2) A person commits an offence if, without the authority of theuniversal service provider concerned, he—

(a) places or maintains in or on any ship, vehicle, aircraft orpremises belonging to him or under his control, or

(b) uses in any document in relation to himself or any other personor in relation to any ship, vehicle, aircraft or premises,

any words, letters or marks which signify or imply, or may reasonablylead the public to believe, any of the things mentioned in subsection (3).

(3) The things are—

(a) that he or that other person is authorised by the universal serviceprovider concerned to collect, receive, sort, deliver or conveypostal packets in connection with the provision of a universalpostal service,

(b) that the ship, vehicle, aircraft or premises are used by theuniversal service provider concerned for the purpose ofcollecting, receiving, sorting, delivering or conveying postalpackets in connection with the provision of a universal postalservice.

(4) A person commits an offence if, without reasonable excuse, he failsto comply with a notice given to him by the universal service providerconcerned requiring him—

(a) to remove or efface any words, letters or marks which fall withinsubsection (1) or (2), or



Part V(b) to remove or close up any letter box belonging to him or under

his control which has ceased to be a universal postal serviceletter box.

(5) A person who commits an offence under this section shall be liableon summary conviction to a fine not exceeding level 3 on the standardscale.

88.—(1) A person commits an offence if, without reasonable excuse, Obstruction ofbusiness ofhe—universal service

(a) obstructs a person engaged in the business of a universal service providers.provider in the execution of his duty in connection with theprovision of a universal postal service, or

(b) obstructs, while in any universal postal service post office orrelated premises, the course of business of a universal serviceprovider.

(2) A person who commits an offence under subsection (1) shall beliable on summary conviction to a fine not exceeding level 2 on thestandard scale.

(3) A person commits an offence if, without reasonable excuse, he failsto leave a universal postal service post office or related premises whenrequired to do so by a person who—

(a) is engaged in the business of a universal service provider, and

(b) reasonably suspects him of committing an offence undersubsection (1).

(4) A person who commits an offence under subsection (3)—

(a) shall be liable on summary conviction to a fine not exceedinglevel 2 on the standard scale, and

(b) may be removed by any person engaged in the business of auniversal service provider.

(5) Any constable shall on demand remove, or assist in removing, anysuch person.

(6) In this section “related premises” means any premises belonging toa universal postal service post office or used together with any suchpost office.

Part VI

Universal Postal Service: supplementary

Schemes and limitation of liability

89.—(1) A universal service provider may make a scheme under this Schemes as toterms andsection in relation to the services provided by him in connection with theconditions forprovision of a universal postal service or any of those services.provision of auniversal postal(2) A scheme under this section is a scheme for determining any or allservice.of the following (so far as not otherwise agreed)—

(a) the charges which are to be imposed in respect of the servicesconcerned,

(b) the other terms and conditions which are to be applicable to theservices concerned, and



Part VI(c) procedures for dealing with the complaints of persons who use

the services concerned.

(3) A scheme under this section may, in particular—

(a) adopt such system for the determination of the charges and otherterms and conditions as the universal service providerconcerned considers appropriate (including determining themhimself subject to any conditions and limitations provided forin the scheme),

(b) specify the manner in which, time and place at which and personby whom the charges are to be paid.

(4) Subject to section 92(5) and (6), no provision may be made in anyscheme under this section—

(a) for limiting the liability of the universal service providerconcerned for loss or damage, or

(b) for amending the rules of law relating to evidence.

(5) A scheme under this section shall come into force on such day as isspecified in the scheme; but no day earlier than the day after that on whichthe scheme has been published in the London, Edinburgh and BelfastGazettes shall be so specified.

(6) A scheme under this section may—

(a) make different provision for different cases or classes of casedetermined by, or in accordance with, the provisions of thescheme,

(b) modify any previous scheme made under this section.

(7) Any charge payable by virtue of this section may be recovered bythe universal service provider concerned and in England and Wales andNorthern Ireland may be so recovered as a civil debt due to him.

(8) The production of a copy of any of the Gazettes mentioned insubsection (5) which purports to contain a scheme under this section shallbe conclusive evidence in all legal proceedings of that scheme.

90.—(1) No proceedings in tort shall lie or, in Scotland, be competentExclusion ofliability. against a universal service provider in respect of loss or damage suffered

by any person in connection with the provision of a universal postalservice because of—

(a) anything done or omitted to be done in relation to any postalpacket in the course of transmission by post, or

(b) any omission to carry out arrangements for the collection ofanything to be conveyed by post.

(2) No officer, servant, employee, agent or sub-contractor of auniversal service provider shall be subject, except at the suit or instanceof the provider, to any civil liability for—

(a) any loss or damage in the case of which liability of the provideris excluded by subsection (1), or

(b) any loss of, or damage to, an inland packet to which section91 applies.



Part VI(3) No person engaged in or about the conveyance of postal packets

and no officer, servant, employee, agent or sub-contractor of any suchperson shall be subject, except at the suit or instance of the universalservice provider concerned, to any civil liability for—

(a) any loss or damage in the case of which liability of the provideris excluded by subsection (1), or

(b) any loss of, or damage to, an inland packet to which section91 applies.

(4) In the application of subsection (1) to Scotland, the reference toproceedings in tort shall be construed in the same way as in section 43(b)of the Crown Proceedings Act 1947. 1947 c. 44.


91.—(1) Proceedings shall lie or, in Scotland, be competent against a Limited liabilityfor registereduniversal service provider under this section, but not otherwise, in respectinland packets.of relevant loss of, or relevant damage to, an inland packet in respect of

which the universal service provider accepts liability under this section inpursuance of a scheme made under section 89.

(2) The references in subsection (1) to relevant loss or damage are toloss or damage so far as it is due to any wrongful act of, or any neglect ordefault by, an officer, servant, employee, agent or sub-contractor of theuniversal service provider while performing or purporting to perform inthat capacity his functions in relation to the receipt, conveyance, deliveryor other dealing with the packet.

(3) No proceedings shall lie or, in Scotland, be competent under thissection in relation to a packet unless they are begun within the period oftwelve months starting with the day on which the packet was posted.

(4) A universal service provider shall not be liable under this section inrespect of a packet of any description unless such conditions (if any) asare required by a scheme under section 89 to be complied with in relationto packets of that description at the time when they are posted have beencomplied with in the case of the packet.

(5) For the purposes of this section and section 92 a scheme undersection 89 may define a description of packet by reference to anycircumstances whatever (including, in particular, the amount of any feepaid in respect of the packet in pursuance of the scheme).

(6) In this section “inland packet” means any postal packet which isposted in the United Kingdom for delivery at a place in the UnitedKingdom to the person to whom it is addressed.

92.—(1) Subject to subsection (3), no relief or remedy shall be available Section 91:supplementary.under section 91 in relation to a packet except upon a claim by the sender

or the addressee of the packet.

(2) The sender or addressee concerned shall be entitled—

(a) to claim any relief or remedy available under this section whetheror not he is the person who has suffered the loss or damage, and

(b) to give a good discharge in respect of all claims under this sectionin respect of the packet concerned.

(3) Where the court is satisfied, on an application by a person who isnot the sender or addressee of the packet, that the sender and the



Part VIaddressee are unable or unwilling to enforce their reliefs or remediesunder this section, the court may, upon such terms as to security, caution,costs, expenses and otherwise as the court considers appropriate, allowthat other person to bring proceedings under this section in the name ofthe sender or the addressee of the packet.

(4) Where, by virtue of subsection (2) or (3), a person recovers anymoney or property which, apart from that subsection, would have beenrecoverable by another person, the money or property so recovered shallbe held on trust for that other person.

(5) The amount recoverable in any proceedings under section 91 inrelation to a packet of any description shall not exceed—

(a) the market value of the packet at the time when the cause ofaction arises, or

(b) the maximum amount payable under a scheme made undersection 89 for compensating the person aggrieved in respect ofa packet of that description.

(6) For the purposes of subsection (5)(a) the market value of a packetshall not include the market value of—

(a) any message or information which it bears, or

(b) any item which, in relation to packets of that description, isexcluded from the operation of this section by a scheme undersection 89.

(7) For the purposes of any proceedings under section 91, it shall bepresumed, unless the contrary is shown, that loss of, or damage to, thepacket was due to such conduct as is mentioned in subsection (2) ofthat section.


“sender”, in relation to a packet, has such meaning as may be givento it by any provision of a scheme made under section 89 andrelating to an inland packet to which section 91 applies,

and any reference in this section to the sender or addressee of a packetincludes a reference to his personal representatives.

93.—(1) The Secretary of State may by order modify sections 89 to 92.Power to modifysections 89 to 92.

(2) Before making an order under subsection (1), the Secretary of Stateshall consult the Commission, the Council and such other persons as heconsiders appropriate.

Supplementary powers for universal postal service

94.—(1) A universal service provider may, for any purpose inPower to requirecarriage of mail- connection with the provision of a universal postal service, require bybags by ship or notice the owner or operator of a relevant ship or aircraft to carry mail-aircraft. bags in the ship or aircraft.

(2) In subsection (1) “relevant ship or aircraft” means any ship oraircraft which carries on regular communications between two places inthe United Kingdom, one of which is not readily accessible by road.

(3) The remuneration for any services provided in pursuance of thissection shall be determined—



Part VI(a) by agreement between the universal service provider and the

owner or operator concerned, or

(b) in the absence of agreement, by the Transport Tribunal or,where both places between which the ship or aircraft carries onregular communications are in Northern Ireland, by theDepartment for Regional Development in Northern Ireland.

95. Schedule 5 (which provides for the compulsory acquisition of land Power to acquireland etc.by universal service providers) and Schedule 6 (which makes other

provision in relation to land) shall have effect.

Articles in transit

96.—(1) A universal service provider and a person who is engaged in Immunity fromprosecution.the business of such a provider shall be entitled to the same immunity

from prosecution for conduct in the provision of a universal postal serviceand falling within subsection (2) as the provider and that person wouldbe entitled to if the provider were a government department.

(2) The following conduct falls within this subsection—

(a) possession of anything contained in a postal packet which is inthe course of transmission by post where possession of it isprohibited by virtue of any enactment, and

(b) failure to comply, in relation to anything contained in a postalpacket which is in the course of transmission by post, with anycondition or restriction imposed by virtue of any enactment inrelation to its possession, conveyance or delivery.

97.—(1) No charge imposed by a harbour authority in respect of goods Harbour chargeson mail-bags.brought into, taken out of, or carried through a relevant harbour shall

apply to goods contained in mail-bags—

(a) carried by a universal service provider in connection with theprovision of a universal postal service,

(b) consigned by such a provider in connection with the provision ofsuch a service to another for carriage (whether to a foreignpostal administration or not), or

(c) consigned by a foreign postal administration to such a providerin connection with the provision of such a service for carriage.

(2) No charge imposed by a harbour authority in respect of goodsbrought into, taken out of, or carried through a relevant harbour shallapply to goods contained in mail-bags which—

(a) are consigned by one foreign postal administration to another,and

(b) are mail-bags which, when in the United Kingdom, are in thecharge of a universal service provider in connection with theprovision of a universal postal service.

(3) Charges which are exigible by a harbour authority at a relevantharbour in respect of mail-bags which are carried or consigned asmentioned in subsection (1) or (2) and their contents shall not be payablebefore the end of the period of eight weeks starting with the day on whichthe bags are brought within the limits of the harbour.



Part VI(4) Subsection (3) applies despite anything in any statutory provision

made with respect to the harbour authority concerned.

(5) Such charges as are mentioned in subsection (3) may be recoveredby means of proceedings instituted in that behalf in any court ofcompetent jurisdiction; but not otherwise.

(6) In this section and section 98—

“harbour authority”—

(a) except in relation to Northern Ireland, has the samemeaning as in the Harbours Act 1964,1964 c. 40.

(b) in relation to Northern Ireland, means any person inwhom are vested, by any statutory provision, the powers orduties of improving, maintaining or managing a harbour,

“relevant harbour”, in relation to a harbour authority, means aharbour which, in the exercise and performance of statutorypowers and duties, the harbour authority are engaged inimproving, maintaining or managing, and

“statutory provision”—

(a) except in relation to Northern Ireland, has the meaninggiven by section 57(1) of the Harbours Act 1964 (and, asregards Scotland, includes an Act of the Scottish Parliamentand an instrument made under such an Act),

(b) in relation to Northern Ireland, has the same meaningas in section 1(f) of the Interpretation Act (Northern1954 c. 33 (N.I.).Ireland) 1954.

(7) The reference in the definition of “relevant harbour” in subsection(6) to a harbour which, in the exercise and performance of statutorypowers and duties, a harbour authority are engaged in improving,maintaining or managing shall be construed—

(a) except in relation to Northern Ireland, as if it were contained inthe Harbours Act 1964, and

(b) in relation toNorthern Ireland, as a reference to a harbourwhichis being improved, maintained or managed by a harbourauthority—

(i) in the exercise of powers conferred by a statutoryprovision,

(ii) in the performance of duties imposed by a statutoryprovision, or

(iii) in the exercise and performance of powers conferred,and duties imposed, by a statutory provision.

98. Nothing in a statutory provision (whenever made) with respect toMail-bags not tobe subject to a harbour authority shall extend to regulate or subject to control mail-control by bags—harbour

(a) carried by a universal service provider in connection with theauthorities.provision of a universal postal service,

(b) consigned by such a provider in the provision of such a serviceto another for carriage (whether to a foreign postaladministration or not),



Part VI(c) consigned by a foreign postal administration to such a provider

in connection with the provision of such a service for carriage,or

(d) consigned by one foreign postal administration to another andwhich, when in the United Kingdom, are in the charge of auniversal service provider in connection with the provision of auniversal postal service.

Common carriers

99. A universal service provider shall not be regarded as a common Common carriers.carrier so far as he is providing a universal postal service.

Certain exemptions from postage etc.

100.—(1) Petitions and addresses forwarded to Her Majesty or, in Certainexemptions fromNorthern Ireland, to the Secretary of State, by post shall be exempt frompostage etc.postage chargeable by a universal service provider in connection with the

provision of a universal postal service.

(2) Petitions and addresses to Her Majesty which are sent by post to amember of either House of Parliament, a member of the ScottishParliament, a member of the National Assembly for Wales or a memberof the Northern Ireland Assembly shall be exempt from postagechargeable by a universal service provider in connection with theprovision of a universal postal service if—

(a) the petitions or addresses do not exceed 1 kilogram in weight,and

(b) are sent without covers or in covers open at the sides.

(3) Petitions which are addressed to either House of Parliament, theScottish Parliament, the National Assembly for Wales or the NorthernIreland Assembly and are sent by post to a member of either House ofParliament, a member of the Scottish Parliament or the Clerk of theScottish Parliament, a member of the National Assembly for Wales or (asthe case may be) a member of the Northern Ireland Assembly shall beexempt from postage chargeable by a universal service provider inconnection with the provision of a universal postal service if—

(a) the petitions do not exceed 1 kilogram in weight, and

(b) are sent without covers or in covers open at the sides.

(4) Subsection (5) applies where the postage chargeable by a universalservice provider in connection with the provision of a universal postalservice on a postal packet consisting of parliamentary proceedings hasnot been prepaid by the sender or has been insufficiently prepaid by him.

(5) No sum exceeding the amount of the postage or (as the case maybe) the deficiency may be recovered by the universal service provider(whether from the sender or the addressee).

(6) In this section “parliamentary proceedings” means proceedings ofeither House of Parliament, the Scottish Parliament, the NationalAssembly for Wales or the Northern Ireland Assembly.



Part VII

Miscellaneous and supplementary

Supplementary powers of the Secretary of State

101.—(1) The Secretary of State may give such directions as heDirections ininterests of considers appropriate to the Commission in relation to the exercise of itsnational security functions if he considers it necessary or expedient to do so—etc.

(a) in the interests of national security or in the interests ofencouraging or maintaining the United Kingdom’s relationswith another country or territory,

(b) in order—(i) to discharge, or facilitate the discharge of, an

international obligation,(ii) to attain, or facilitate the attainment of, any other

object which the Secretary of State considers it necessary orexpedient to attain in view of Her Majesty’s Government inthe United Kingdom being a member of an internationalorganisation or a party to an international agreement, or

(iii) to enable Her Majesty’s Government in the UnitedKingdom to become a member of such an organisation or aparty to such an agreement.

(2) Directions under subsection (1) may, in particular, require theCommission—

(a) to do or not to do a particular thing, or

(b) to secure that a particular thing is done or not done.

(3) The Secretary of State may, if he considers it necessary or expedientto do so for any of the purposes mentioned in subsection (1)(a) or (b), givesuch directions as he considers appropriate to licence holders under PartII, or to any particular licence holder under that Part, in connection withanything authorised or required by the licence or licences concerned.

(4) Directions under subsection (3) may, in particular, require a licenceholder—

(a) to do or not to do a particular thing, or

(b) to secure that a particular thing is done or not done.

(5) Before giving a direction under subsection (1), the Secretary ofState shall consult the Commission.

(6) Before giving a direction under subsection (3) to a particular licenceholder (as opposed to licence holders generally or any description oflicence holders), the Secretary of State shall consult the licence holderconcerned.

(7) The Secretary of State—

(a) shall send to the Commission a copy of any direction given undersubsection (3), and

(b) shall lay before each House of Parliament a copy of any directiongiven under this section.

(8) Subsection (7)(b) does not apply if the Secretary of State considersthat the disclosure of the direction would be against the interests of



Part VIInational security or the interests of the United Kingdom’s relations withanother country or territory or against the commercial interests of anyperson who has not consented to the disclosure.

(9) A person shall not disclose, and is not required by any enactmentor otherwise to disclose, a direction given or other thing done or omittedto be done by virtue of this section if the Secretary of State notifies himthat he considers that—

(a) disclosure would be against the interests of national security orthe interests of the United Kingdom’s relations with anothercountry or territory, or

(b) disclosure would be against the commercial interests of anyperson (other than the person notified) who has not consentedto the disclosure.

(10) A person commits an offence if—

(a) without reasonable excuse he contravenes a direction under thissection, or

(b) he makes a disclosure in contravention of subsection (9).

(11) A person who commits an offence under this section shall beliable—


(b) on conviction on indictment, to a fine or to imprisonment for aterm not exceeding two years or to both.

102.—(1) This section applies if the Secretary of State— Power to ensurecompliance with(a) considers— the Postal ServicesDirective.(i) that a Community obligation under the Postal Services

Directive is not being complied with, or

(ii) that it is likely that any such obligation will not becomplied with, and

(b) has been unable to obtain any undertakings from any person orpersons which are sufficient to satisfy him that the situation willbe remedied.

(2) The Secretary of State may by order make such provision as heconsiders appropriate to ensure that the obligation is or will becomplied with.

(3) An order under this section may, in particular—

(a) confer functions on the Commission or the Council or modifytheir functions,

(b) require any postal operator or any postal operators of aparticular description to provide such postal services as arespecified in or determined by or under the order,

(c) specify terms and conditions on which such services are to beprovided or provide for such terms and conditions to bedetermined by or under the order,

(d) provide for the payment of sums out of money provided byParliament for any purpose of the order,



Part VII(e) provide for the enforcement of any provision of the order

(including the creation of criminal offences punishable with afine but not imprisonment).

(4) Before making an order under this section, the Secretary of Stateshall consult any postal operator on whom a requirement is to be imposedby virtue of the order.

(5) In deciding whether to make an order under this section theSecretary of State shall, in particular, have regard to the likely impact ofthe order on any business of a postal operator on whom a requirement isto be imposed by virtue of the order.

103.—(1) The Secretary of State may by order make a scheme for theSubsidy for publicpost offices. making of payments for the purpose of—

(a) assisting in the provision of public post offices or public postoffices of a particular description, or

(b) assisting in the provision of services to be provided from publicpost offices or public post offices of a particular description.

(2) A scheme under this section which provides for the making ofpayments for a purpose falling within subsection (1)(b) shall ensure thatno such payments may be made unless the person deciding whether tomake the payments considers that the provision of the services concernedfrom public post offices or public post offices of a particular descriptionwould assist in the provision of public post offices or (as the case may be)public post offices of that description.

(3) Payments under a scheme under this section shall be made by theSecretary of State or by another person out of money provided by theSecretary of State.

(4) A scheme under this section shall specify—

(a) the descriptions of payments which may be made under thescheme,

(b) the descriptions of persons to whom such payments may bemade,

(c) the person by whom such payments may be made,

(d) criteria to which that person is to have regard in decidingwhether to make such payments, and

(e) the amounts of such payments or the basis on which suchamounts are to be calculated.

(5) A scheme under this section may, in particular, provide for—

(a) payments under the scheme to be made subject to conditionsspecified in or determined under the scheme (includingconditions as to repayment),

(b) the delegation of functions exercisable by virtue of the scheme(including the delegation of any discretion conferred by virtueof the scheme),

(c) the modification of the functions of a body established by anenactment, or the functions of the holder of an office created byan enactment, for the purpose of enabling the person concernedto exercise any functions conferred on that person by virtue ofthe scheme,



Part VII(d) the payment by the Secretary of State of fees to any person in

respect of functions exercised by that person by virtue of thescheme.

(6) The power to make a scheme under this section shall not beexercised without the consent of the Treasury.

Inviolability of mails etc.

104.—(1) Subsection (2) applies to— Inviolability ofmails.(a) a postal packet,

(b) anything contained in a postal packet, and

(c) a mail-bag containing a postal packet,

which is not the property of the Crown but which is in the course oftransmission by post.

(2) Anything to which this subsection applies shall have the sameimmunity from—

(a) examination, or seizure or detention, under a relevant powerconferred by virtue of this Act or any other enactment,

(b) seizure under distress or in execution,

(c) in Scotland, any diligence, and

(d) retention by virtue of a lien,

as it would have if it were the property of the Crown.

(3) In subsection (2) “relevant power” means any power other than—

(a) a power conferred by section 47 so far as it is exercised for anypurpose connected with the investigation of an offence undersection 6 or any proceedings for such an offence,

(b) a power conferred under section 49,

(c) a power conferred by an enactment relating to customs or excisein its application, by virtue of section 105 or any regulationsmade under that section, to goods contained in postalpackets, or

(d) a power conferred by section 106 or 107.

(4) The Secretary of State may by order modify subsection (3).

105.—(1) Subject as follows, the enactments for the time being in force Application ofcustoms andin relation to customs or excise shall apply in relation to goods containedexcise enactmentsin postal packets to which this section applies which are brought into orto certain postalsent out of the United Kingdom by post from or to any place outside thepackets.

United Kingdom as they apply in relation to goods otherwise imported,exported or removed into or out of the United Kingdom from or to anysuch place.

(2) The Treasury, on the recommendation of the Commissioners ofCustoms and Excise and the Secretary of State, may make regulationsfor—

(a) specifying the postal packets to which this section applies,

(b) making modifications or exceptions in the application of theenactments mentioned in subsection (1) to such packets,



Part VII(c) enabling persons engaged in the business of a postal operator to

perform for the purposes of those enactments and otherwise allor any of the duties of the importer, exporter or personremoving the goods,

(d) carrying into effect any arrangement with the government orpostal administration of any country or territory outside theUnited Kingdom with respect to foreign postal packets,

(e) securing the observance of the enactments mentioned insubsection (1),

(f) without prejudice to any liability of any person under thoseenactments, punishing any contravention of the regulations.

(3) Duties (whether of customs or excise) charged on imported goodsor other charges payable in respect of postal packets to which this sectionapplies (whether payable to a postal operator or to a foreignadministration) may be recovered by the postal operator concerned andin England andWales and Northern Irelandmay be so recovered as a civildebt due to him.

(4) In any proceedings for the recovery of any charges payable asmentioned in subsection (3), a certificate of the postal operator concernedof the amount of the charges shall be evidence (and, in Scotland, sufficientevidence) of that fact.

(5) In this section “foreign postal packet” means any postal packeteither posted in the United Kingdom and sent to a place outside theUnited Kingdom, or posted in a place outside the United Kingdom andsent to a place within the United Kingdom, or in transit through theUnited Kingdom to a place outside the United Kingdom.

106.—(1) A postal operator may—Power to detainpostal packets (a) detain any postal packet if he suspects that it may containcontaining

relevant goods,contraband.

(b) forward any packet so detained to the Commissioners ofCustoms and Excise.

(2) In this section “relevant goods” means—

(a) any goods chargeable with any duty charged on imported goods(whether a customs or an excise duty) which has not been paidor secured, or

(b) any goods in the course of importation, exportation or removalinto or out of the United Kingdom contrary to any prohibitionor restriction for the time being in force by virtue of anyenactment.

(3) Subsection (1) is without prejudice to section 105.

(4) The Commissioners may open and examine any postal packetforwarded to them under this section—

(a) in the presence of the person to whom the packet is addressed, or

(b) where the address on the packet is outside the United Kingdomor where subsection (5) applies, in the absence of that person.

(5) This subsection applies where—

(a) the Commissioners have—



Part VII(i) left at the address on the packet notice requiring the

attendance of the person concerned, or(ii) forwarded such notice by post to that address, and

(b) the addressee fails to attend.

(6) If the Commissioners find any relevant goods on opening andexamining a postal packet under this section, they may detain the packetand its contents for the purpose of taking proceedings in relation to them.

(7) If the Commissioners do not find any relevant goods on openingand examining a postal packet under this section, they shall—

(a) deliver the packet to the addressee upon his paying any postageand other sums chargeable on it, or

(b) if he is absent, forward the packet to him by post.

107.—(1) If a postal operator knows or reasonably suspects that a Conditions oftransit of postalpostal packet is being sent by post in contravention of section 85, hepackets.may—

(a) refuse the transmission of the packet,

(b) detain the packet and open it,

(c) subject to any requirements as to additional postage or charges,return the packet to its sender or forward it to its destination,

(d) destroy or otherwise dispose of the packet.

(2) Subsection (1) is without prejudice to any other powers which thepostal operator may have in relation to the packet (whether under theterms and conditions applicable to its transmission by post or otherwise).

(3) The detention or disposal by a postal operator of any postal packeton the grounds of a contravention of section 85 or of any terms andconditions applicable to its transmission by post shall not exempt thesender from any proceedings which might have been taken if the packethad been delivered in due course of post.

Evidential provisions

108.—(1) The mark of— Evidence ofamount of postage(a) a universal service provider in connection with the provision of etc.

a universal postal service, or

(b) a foreign postal administration,

of any sum on any postal packet as due in respect of that packet shall,unless the contrary is shown, be sufficient proof in any legal proceedingsof the liability of the packet to the sum so marked.

(2) Subsections (3) to (5) apply in relation to any legal proceedings forthe recovery of postage or other sums due in respect of postal packets.

(3) In any such proceedings, the production of the packet concernedwith a stamp or other endorsement on it of a universal service provider(and made in connection with the provision of a universal postal service)or of a foreign postal administration indicating that the packet—

(a) has been refused or rejected,

(b) is unclaimed, or



Part VII(c) cannot for any other reason be delivered,

shall, unless the contrary is shown, be sufficient proof of the factindicated.

(4) In any such proceedings, a certificate of a universal service providerthat any mark, stamp or endorsement is such a mark, stamp orendorsement as is mentioned in subsection (1) or (3) shall, unless thecontrary is shown, be sufficient proof of that fact.

(5) In any such proceedings, the person from whom the packetconcerned purports to have come shall, unless the contrary is shown, betaken to be the sender of the packet.

109.—(1) On the prosecution of an offence under this Act (whetherEvidence of thingbeing a postal summarily or on indictment), evidence that any article is in the course ofpacket. transmission by post, or has been accepted by a postal operator for

transmission by post, shall be sufficient evidence that the article is apostal packet.

(2) In any proceedings in England and Wales for an offence undersection 83 or 84 of this Act, section 27(4) of the Theft Act 1968 shall apply1968 c. 60.as it applies to proceedings for the theft of anything in the course oftransmission by post.

(3) In any proceedings in Northern Ireland for an offence undersection 83 or 84 of this Act, section 26(5) of the Theft Act (Northern1969 c. 16 (N.I.).Ireland) 1969 shall apply as it applies to proceedings for the theft ofanything in the course of transmission by post.

110. A certificate given by or on behalf of a universal service providerCertificates inrelation to to the effect that any box or receptacle is or was provided by the provideruniversal postal concerned for the purpose of receiving postal packets, or any class ofservice letter postal packets, for onwards transmission in connection with theboxes.

provision of a universal postal service, shall, unless the contrary is shown,be sufficient proof in any legal proceedings of the facts stated.

Postal and money orders

111.—(1)No proceedings shall lie or, in Scotland, be competent againstExclusion ofliability in relation the Post Office company for any loss or damage as a result of—to postal and

(a) a reasonable refusal by the Post Office company to pay a postalmoney orders.or money order which has been issued by it or a foreign postaladministration, or

(b) a reasonable delay by the Post Office company in paying anysuch order.

(2) Where a postal or money order issued by the Post Office companyis presented for payment in the United Kingdom by a banker to whomit has been delivered for collection, payment of the order to the bankerdischarges it.

(3) Where a relevant uncrossed order issued by the Post Officecompany is presented for payment in the United Kingdom otherwise thanby a banker to whom it has been delivered for collection, payment of theorder to the person by whom it is presented discharges it.



Part VII(4) A postal or money order issued by the Post Office company is

discharged by the payment of the order outside the United Kingdom inaccordance with arrangements made by the Post Office company inthat regard.

(5) Where a postal or money order issued by a foreign postaladministration is paid by the Post Office company to a banker to whomit has been delivered for collection on behalf of a person other than thetrue owner of the order, the Post Office company shall not be liable to thetrue owner of the order by reason of having paid it to the banker.

(6) Where a relevant uncrossed order issued by a foreign postaladministration is presented to the Post Office company for paymentotherwise than by a banker to whom it has been delivered for collectionor the true owner of the order, payment of the order by the Post Officecompany to the person presenting it shall not make the Post Officecompany liable to the true owner of the order.

(7) Any person acting as a banker in the United Kingdom who, incollecting in that capacity for any principal, has received payment fromthe Post Office company in respect of any postal order, or any documentpurporting to be a postal order, shall not incur liability to anyone exceptthe principal by reason of having received the payment or having held orpresented the order or document for payment.

(8) Subsection (7) does not relieve any principal for whom any suchorder or document has been so held or presented of any liability in respectof his possession of the order or document or of the proceeds of the orderor document.

(9) In this section “relevant uncrossed order” means—

(a) an uncrossed postal or money order which—(i) is expressed to be payable to a person specified or

described in the order, and(ii) is signed by or on behalf of that person or purports to

be so signed, or

(b) an uncrossed postal order which is not expressed to be payableto a person specified or described in the order.

(10) In this section and section 113 “banker” includes a body whichcarries on the business of banking.

112.—(1) The Post Office company shall not issue postal or money Schemes inrelation to postalorders otherwise than in accordance with a scheme under this section.and money orders.

(2) The Post Office company may make a scheme under this section inrelation to—

(a) the issue by it of postal or money orders,

(b) other services provided by it in connection with postal or moneyorders (whether orders issued by it or otherwise).

(3) A scheme under this section is a scheme for determining any or allof the following (so far as not otherwise agreed)—

(a) the charges which are to be imposed in respect of the servicesconcerned,

(b) the other terms and conditions which are to be applicable to theservices concerned, and



Part VII(c) procedures for dealing with the complaints of persons who use

the services concerned.

(4) A scheme under this section may, in particular—

(a) adopt such system for the determination of the charges and otherterms and conditions as the Post Office company considersappropriate (including determining them itself subject to anyconditions and limitations provided for in the scheme),

(b) provide for the non-payment by the Post Office company afterthe end of a specified period, except on satisfaction of specifiedconditions, of a postal or money order issued by that companyor a foreign postal administration,

(c) specify the manner in which, time and place at which and personby whom the charges are to be paid.

(5) No provision may be made in any scheme under this section—

(a) for limiting the liability of the Post Office company for loss ordamage, or

(b) for amending the rules of law relating to evidence.

(6) A scheme under this section shall come into force on such day as isspecified in the scheme; but no day earlier than the day after that on whichthe scheme has been published in the London, Edinburgh and BelfastGazettes shall be so specified.

(7) A scheme under this section may—

(a) make different provision for different cases or classes of casedetermined by, or in accordance with, the provisions of thescheme,

(b) modify any previous scheme made under this section.

(8) Any charge payable by virtue of this section may be recovered bythe Post Office company and in England and Wales and Northern Irelandmay be so recovered as a civil debt due to it.

(9) The production of a copy of any of the Gazettes mentioned insubsection (6) which purports to contain a scheme under this section shallbe conclusive evidence in all legal proceedings of that scheme.

(10) The Secretary of State may by order modify this section.

113.—(1) Subsection (2) applies where—Recoupment oflosses on wrongly

(a) a money order issued by the Post Office company or a foreignpaid moneypostal administration has been delivered for collection to aorders.banker, and

(b) the Post Office company has paid the order to the banker whenit should not have done so.

(2) The sum paid may be deducted from sums subsequently falling tobe paid by the Post Office company to the banker by way of payment ofmoney orders so issued which have been delivered to the banker forcollection.



Part VIISpecial114.—(1) References in sections 111 (other than subsection (4)), 112arrangements withand 113 to money orders issued by the Post Office company shall beother countries orconstrued as including references to special money orders issued by thatterritories.company.

(2) For the purposes of subsection (1) special money orders are ordersfor the payment of money in the United Kingdom which are issued by thePost Office company in pursuance of an arrangement made with agovernment or postal administration of any other country or territory forthe transmission, by means of orders for the payment of money, of sumsof money through post offices under the charge of the Post Officecompany and the postal administration of the other country or territory.

(3) The reference in section 112(2)(b) to money orders shall beconstrued as including a reference to orders for the payment of moneyissued in pursuance of an arrangement of the kind mentioned insubsection (2) above by the postal administration of the other country orterritory.

Other

115.—(1) In section 7(2) of the Post Office Act 1969 (powers of the Post Extension ofexisting powersOffice) after paragraph (r) there shall be inserted—relating to the

“(s) to enter into any form of financial transaction which it Post Office.considers to be expedient and which does not fall within 1969 c. 48.any of the preceding paragraphs;”.

(2) After section 37(1) of that Act (loans by the Secretary of State tothe Post Office) there shall be inserted—

“(1A) The Secretary of State may, with the approval of theTreasury, make loans to any subsidiary of the Post Office.”

(3) After section 37(2) of that Act there shall be inserted—

“(2A) The power of the Secretary of State to make loans underthis section includes power to make loans in currencies other thansterling.”

(4) After section 37(3) of that Act (power to issue sums out of theNational Loans Fund) there shall be inserted—

“(3A) Such sums may be issued in sterling or, where the loan is tobe in a currency other than sterling, in that currency or in sterling.”

(5) In section 73 of the British Telecommunications Act 1981 1981 c. 38.(borrowing powers of the Post Office etc), in subsection (1)(a) and (2)(a),after “sterling” there shall, in each case, be inserted “or a currency otherthan sterling”.

(6) In section 74(2) of that Act (limit of indebtedness of the Post Officeand its subsidiaries)—

(a) after sub-paragraph (i) there shall be inserted—“(ia) money borrowed by any other

subsidiary of the Post Office under section37(1A) of the 1969 Act;”,

(b) for “£1,200 million” there shall be substituted “£5,000million”, and

(c) the words “, not exceeding £1,700 million,” shall be repealed.



Part VII(7) After section 74(4) of that Act there shall be inserted—

“(4A) For the purposes of this section equivalents in sterling shallbe calculated as the Secretary of State considers appropriate.”

116.—(1) The owner for the time being of the Postcode Address FileThe PostcodeAddress File. shall—

(a) maintain the File, and

(b) make the File available to any person who wishes to use it onsuch terms as are reasonable.

(2) Compliance with subsection (1) shall be enforceable by civilproceedings brought by the Commission for an injunction or for interdictor for any other appropriate relief or remedy.


“the Postcode Address File” means—(a) the collection of relevant information which,

immediately before the coming into force of this section, wasowned by the Post Office, or

(b) that collection as it is from time to time revised, and

“relevant information” means postcodes in the United Kingdomwhich may be used to facilitate the identification of deliverypoints for the purpose of providing postal services.

(4) The terms which may be imposed under subsection (1)(b) includeterms as to the payment of such fee (if any) as the owner considersappropriate.

117.—(1) The Secretary of State may by order vest in the Post OfficeRecords of theformer Postmaster company such records of the department of the Postmaster General as—General’s

(a) belong to Her Majesty in right of Her Majesty’s Government indepartment.the United Kingdom, and

(b) are specified in or described by the order.

(2) The Secretary of State may give such directions to the Post Officecompany as he considers appropriate for ensuring that any records sotransferred to the Post Office company are available to the Crown forinspection and copying.

118.—(1) On such day as the Secretary of State may by order appointSupplementaryprovisions relating (“the relevant day”), all the property, rights and liabilities to which theto the Council. Post Office Users’ National Council was entitled or subject immediately

before that day shall become by virtue of this section property, rights andliabilities of the Council.

(2) An order made under subsection (1) may be varied or revoked bya subsequent order at any time before any property, rights or liabilities ofthe Post Office Users’ National Council vest in the Council by virtue ofthis section.

(3) Paragraphs 1 and 7 of Schedule 3 apply for the purposes of thissection as they apply for the purposes of section 62 with suchmodifications as are necessary (including the substitution for referencesto the Post Office and the Post Office company of references to the PostOffice Users’ National Council and the Council respectively).



Part VII(4) Where a person employed in the civil service of the state and

seconded to the PostOffice Users’National Council or aCountry Councilimmediately before the relevant day becomes an employee of the Councilon that day, his period of employment in the civil service of the state(including any part of that period spent otherwise than on secondment)counts as a period of employment with the Council for the purposes ofthe Employment Rights Act 1996 (and the change of employer does not 1996 c. 18.affect the continuity of the period of employment for those purposes).

(5) Where a person who—

(a) is employed in the civil service of the state and is seconded to theCouncil, and

(b) immediately before his secondment to the Council was secondedto the Post Office Users’ National Council or a CountryCouncil,

becomes an employee of theCouncil, his period of employment in the civilservice of the state (including any part of that period spent otherwise thanon secondment) counts as a period of employment with the Council forthe purposes of the Employment Rights Act 1996 (and the change of 1996 c.18.employer does not affect the continuity of the period of employment forthose purposes).

(6) In this section “Country Council” means the Post Office Users’Council for Scotland, the Post Office Users’ Council for Wales or the PostOffice Users’ Council for Northern Ireland.

119. Schedule 7 (which makes provision about disclosure of Generalrestrictions oninformation) shall have effect.disclosure ofinformation.

General

120.—(1) Where an offence under this Act committed by a body Offences by bodiescorporate.corporate is proved to have been committed with the consent or

connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the bodycorporate, or

(b) a person purporting to act in such a capacity,

he as well as the body corporate commits the offence and shall be liableto be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members,subsection (1) applies in relation to the acts and defaults of a member inconnection with his functions of management as if he were a director ofthe body corporate.

(3) Where an offence under this Act is committed by a Scottishpartnership and is proved to have been committed with the consent orconnivance of a partner, he as well as the partnership commits the offenceand shall be liable to be proceeded against and punished accordingly.

121.—(1) Any document required or authorised by virtue of this Act to Service ofdocuments.be served on any person may be served—

(a) by delivering it to him or by leaving it at his proper address or bysending it by post to him at that address,



Part VII(b) if the person is a body corporate, by serving it in accordance with

paragraph (a) on the secretary of the body, or

(c) if the person is a partnership, by serving it in accordance withparagraph (a) on a partner or a person having the control ormanagement of the partnership business.

(2) For the purposes of this section and section 7 of the Interpretation1978 c. 30.Act 1978 (service of documents by post) in its application to this section,the proper address of any person on whom a document is to be servedshall be his last known address, except that—

(a) in the case of service on a body corporate or its secretary, it shallbe the address of the registered or principal office of the body,

(b) in the case of service on a partnership or a partner or a personhaving the control or management of a partnership business, itshall be the address of the principal office of the partnership.

(3) For the purposes of subsection (2) the principal office of a companyconstituted under the law of a country or territory outside the UnitedKingdom or of a partnership carrying on business outside the UnitedKingdom is its principal office within the United Kingdom.

(4) Subsection (5) applies if a person to be served under this Act withany document by another has specified to that other an address within theUnited Kingdom other than his proper address (as determined undersubsection (2)) as the one at which he or someone on his behalf will acceptdocuments of the same description as that document.

(5) In relation to that document, that address shall be treated as hisproper address for the purposes of this section and section 7 of theInterpretation Act 1978 in its application to this section, instead of thatdetermined under subsection (2).

(6) This section does not apply to any document if rules of court makeprovision about its service.

(7) In this section references to serving include references to similarexpressions (such as giving or sending).

122.—(1) Any power of the Secretary of State to make an order, or ofOrders andregulations. the Treasury to make regulations, under this Act shall be exercisable by

statutory instrument.

(2) Any power of the Secretary of State to make an order, or of theTreasury to make regulations, under this Act—

(a) may be exercised so as to make different provision for differentcases or descriptions of case or for different purposes,

(b) includes power to make such incidental, supplementary,consequential, transitory, transitional or saving provision as theSecretary of State or (as the case may be) the Treasury considersappropriate.

(3) The power of the Secretary of State under section 9, 10, 102 or 129(including that power as extended by this section) may be exercised bymodifying any enactment comprised in or made under this Act, or anyother enactment.

(4) The power of the Secretary of State under paragraph 6(1) ofSchedule 8 (including that power as extended by this section) may beexercised by modifying any enactment.



Part VII

(5) The power of the Secretary of State under section 8, 93, 104(4) or112(10) as extended by this section may be exercised by modifying anyenactment comprised in or made under this Act, or any other enactment.

(6) The power of the Secretary of State under section 103 as extendedby this section may be exercised by modifying any enactment.

(7) The power of the Secretary of State under section 102, 103, 127(1)or 128 (including that power as extended by this section) may be exercisedso as to make provision for the delegation of functions.

(8) The fact that a power is conferred by this Act does not prejudicethe extent of any other power so conferred.

(9) Regulations under section 105 shall be subject to annulment inpursuance of a resolution of the House of Commons.

(10) An order under any of the following provisions shall, if madewithout a draft of it having been approved by a resolution of each Houseof Parliament, be subject to annulment in pursuance of a resolution ofeither House of Parliament: sections 10, 38(8), 58(7), 59(2), 70, 74, 102,104(4) and 128 and paragraph 1(5) of Schedule 3 (including thatparagraph as applied by section 118(3)), paragraph 4 of Schedule 7 andparagraph 6(1) of Schedule 8.

(11) An instrument containing an order under any of the provisionsmentioned in subsection (10) which revokes, amends or re-enacts an orderunder any of the provisions mentioned in that subsection may (in spite ofsection 14 of the Interpretation Act 1978) be subject to a different 1978 c. 30.procedure under that subsection from the procedure to which theinstrument containing the original order was subject.

(12) No order shall be made under section 8, 9, 30(2), 93, 103, 112(10)or 127(1) unless a draft of it has been laid before, and approved by aresolution of, each House of Parliament.

(13) In this section references to enactment include references to anyinstrument or other document.

123.—(1) A person to whom a direction is given under this Act shall Directions.give effect to it.

(2) Any power conferred by this Act to give a direction shall includepower to vary or revoke the direction.

(3) Any direction given under this Act shall be in writing.

124.—(1) There shall be paid out of money provided by Parliament— General financialprovision.(a) any expenditure incurred by the Commission in consequence of

this Act,

(b) any expenditure incurred by the Treasury or the Secretary ofState in consequence of this Act (apart from any expenditure tobe met from the National Loans Fund), and

(c) any increase attributable to this Act in the sums payable out ofmoney so provided under any other enactment.

(2) There shall be paid out of, or into, the National Loans Fund anyincrease attributable to this Act in the sums so payable under any otherenactment.



Part VII(3) There shall be paid into the Consolidated Fund any sums received

by the Treasury, the Secretary of State or the Commission in consequenceof this Act (apart from any sums required to be paid into the NationalLoans Fund).

125.—(1) In this Act, unless the context otherwise requires—Interpretation.

“body” includes an unincorporated association,

“contravention”, in relation to any requirement, condition,direction, order or regulations, includes any failure to complywith it and cognate expressions shall be construed accordingly,

“correspondent”, in relation to a postal packet, means the sender orthe person to whom it is addressed,

“employee”, in relation to a body corporate, includes any officer ordirector of the body corporate and any other person taking partin its management, and “employer” and other relatedexpressions shall be construed accordingly,

“enactment” includes an Act of the Scottish Parliament, NorthernIreland legislation (within the meaning of the Northern Ireland1998 c. 47.Act 1998) and an enactment comprised in subordinatelegislation, and includes an enactment whenever passed ormade,

“financial year” means a year ending with 31st March,

“foreign postal administration” means a postal administrationoutside the United Kingdom,

“hovercraft” has the same meaning as in the Hovercraft Act 1968,1968 c. 59.

“letter” means any communication in written form on any kind ofphysical medium to be conveyed and delivered otherwise thanelectronically to the person or address indicated by the senderon the item itself or on its wrapping (excluding any book,catalogue, newspaper or periodical); and includes a postalpacket containing any such communication,

“mail-bag” includes any form of container or covering in whichpostal packets in the course of transmission by post are enclosedby a postal operator in the United Kingdom or a foreign postaladministration for the purpose of conveyance by post, whetheror not it contains any such packets,

“modify” includes amend or repeal,

“Northern Ireland junior Minister” means a member of theNorthern Ireland Assembly appointed as a junior Ministerunder section 19 of the Northern Ireland Act 1998,

“Northern Ireland Minister” includes the First Minister and thedeputy First Minister in Northern Ireland,

“notice” means notice in writing,

“post office” includes any house, building, room, vehicle or placeused for the provision of any postal services,

“post office letter box” includes any pillar box, wall box, or other boxor receptacle provided by a postal operator for the purpose ofreceiving postal packets, or any class of postal packets, foronwards transmission by post,



Part VII“postal operator” means a person who provides the service of

conveying postal packets from one place to another by post orany of the incidental services of receiving, collecting, sorting anddelivering such packets,

“postal packet” means a letter, parcel, packet or other articletransmissible by post,

“postal services” means the service of conveying postal packets fromone place to another by post, the incidental services of receiving,collecting, sorting and delivering such packets and any otherservice which relates to any of those services and is provided inconjunction with any of them,

“the Postal Services Directive” means the Directive of the EuropeanParliament and the Council of the European Union of 15thDecember 1997 (No. 97/67/EC) on common rules for thedevelopment of the internal market of Community postalservices and the implementation of quality of service,

“public holiday” meansChristmas Day,GoodFriday or a daywhichis a bank holiday under the Banking and Financial Dealings Act 1971 c. 80.1971 in any part of the United Kingdom,

“registered post service” means a postal service which provides forthe registration of postal packets in connection with theirtransmission by post and for the payment of compensation forany loss or damage,

“sender”, in relation to any letter or other communication, meansthe person whose communication it is,

“ship” includes any boat, vessel or hovercraft,

“subordinate legislation” has the same meaning as in theInterpretation Act 1978 and also includes an instrument made 1978 c. 30.under an Act of the Scottish Parliament and an instrumentmade under Northern Ireland legislation (within the meaning ofsection 98(1) of the Northern Ireland Act 1998), 1998 c. 47.

“users”, in relation to postal services, includes users as addresseesand potential users,

“vehicle” includes a railway vehicle, and

“working day” means—

(a) in relation to the collection and delivery of letters, anyday which is not a Sunday or a public holiday,

(b) in relation to the collection and delivery of postalpackets other than letters, any day which is not a Saturday, aSunday or a public holiday.

(2) For the purposes of the definition of “letter” in subsection (1) thereference to a communication to be conveyed and delivered otherwisethan electronically shall be construed as a reference to a communicationto be conveyed and delivered otherwise than—

(a) by means of a telecommunication system (within the meaning ofthe Telecommunications Act 1984), or 1984 c. 12.

(b) by other means but while in electronic form.

(3) For the purposes of this Act—



Part VII(a) a postal packet shall be taken to be in course of transmission by

post from the time of its being delivered to any post office or postoffice letter box to the time of its being delivered to theaddressee,

(b) the delivery of a postal packet of any description to a lettercarrier or other person authorised to receive postal packets ofthat description for the post or to a person engaged in thebusiness of a postal operator to be dealt with in the course ofthat business shall be a delivery to a post office, and

(c) the delivery of a postal packet—(i) at the premises to which it is addressed or redirected,

unless they are a post office from which it is to be collected,(ii) to any box or receptacle to which the occupier of those

premises has agreed that postal packets addressed to personsat those premises may be delivered, or

(iii) to the addressee’s agent or to any other personconsidered to be authorised to receive the packet,

shall be a delivery to the addressee.

(4) Any reference in this Act to a subsidiary or wholly ownedsubsidiary shall be construed in accordance with section 736 of theCompanies Act 1985 or Article 4 of the Companies (Northern Ireland)1985 c. 6.Order 1986.S.I. 1986/1032

(N.I. 6).

Index of defined 126. In this Act, the expressions listed in the left-hand column have theexpressions. meaning given by, or are to be interpreted in accordance with, the

provisions listed in the right-hand column.

Expression Provision of this Act

Body Section 125(1)The Commission Section 1(1)Condition of a licence Section 13(5)Contravention Section 125(1)Correspondent Section 125(1)Course of transmission by post Section 125(3)The Council Section 2(1)Delivery to addressee Section 125(3)Delivery (in certain other circumstances) Section 125(3)Employee Section 125(1)Enactment Section 125(1)Final order Section 22(5)Financial year Section 125(1)Foreign postal administration Section 125(1)Hovercraft Section 125(1)Letter Section 125(1) and (2)Mail-bag Section 125(1)Modify Section 125(1)Northern Ireland junior Minister Section 125(1)Northern Ireland Minister Section 125(1)Notice Section 125(1)Post office Section 125(1)Post office letter box Section 125(1)Postal operator Section 125(1)Postal packet Section 125(1)



Part VIIPostal services Section 125(1)The Postal Services Directive Section 125(1)Provision of a universal postal service Section 4(1), (2) and

(6)Provisional order Section 23(8)Public holiday Section 125(1)Public post office Section 42(3)Regional committee Section 54(5)Registered post service Section 125(1)Sender Section 125(1)Ship Section 125(1)Subordinate legislation Section 125(1)Subsidiary Section 125(4)Universal postal service letter box Section 86(4)Universal postal service post office Section 86(4)Universal service provider Section 4(3) and (4)Users Section 125(1)Vehicle Section 125(1)Wholly owned subsidiary Section 125(4)Working day Section 125(1)

127.—(1) The Secretary of State may by order make such Generalamendments andsupplementary, incidental or consequential provision as he considersrepeals.necessary or expedient for the general purposes, or any particular

purpose, of this Act or in consequence of any provision made by or underthis Act or for giving full effect to this Act or any such provision.

(2) The power conferred by subsection (1) (including that power asextended by section 122) may, in particular, be exercised by modifyingany enactment, instrument or other document.

(3) No other provision of this Act restricts the power conferred bysubsection (1).

(4) Schedule 8 (which contains amendments of enactments) shallhave effect.

(5) Any amendment by that Schedule of an enactment comprised insubordinate legislation is without prejudice to any power to make furthersubordinate legislation modifying the amended enactment.

(6) Schedule 9 (which contains repeals and revocations of enactmentsincluding enactments which are already obsolete or unnecessary) shallhave effect.

128.—(1) The Secretary of State may by order make such Modifications oflocal enactmentssupplementary, incidental or consequential provision in relation to localetc.enactments as he considers necessary or expedient for the general

purposes, or any particular purpose, of this Act or in consequence of anyprovision made by or under this Act or for giving full effect to this Act orany such provision.

(2) The power conferred by subsection (1) (including that power asextended by section 122) may, in particular, be exercised by modifyingany local enactment or any instrument or other document which is notan Act.



Part VII(3) No other provision of this Act restricts the power conferred by

subsection (1).

(4) In this section “local enactment” means—

(a) a local or private Act,

(b) a public general Act relating to London,

(c) an order confirmed by Parliament or brought into operation inaccordance with special parliamentary procedure, or

(d) an enactment in a public general Act amending anything fallingwithin paragraphs (a) to (c).

129. The Secretary of State may by order make such provision as heTransitionalprovisions etc. considers necessary or expedient for transitory, transitional or saving

purposes in connection with the coming into force of any provision ofthis Act.

Final

130.—(1) Parts I to VI, sections 101 to 114, sections 116 to 119Commencement.(including Schedule 7) and section 127(4) and (6) (including Schedules 8and 9) shall come into force on such day as the Secretary of State may byorder appoint; and different days may be appointed for different purposesor different areas.

(2) Section 115 shall come into force at the end of the period of twomonths beginning with the day on which this Act is passed.

131.—(1) This Act may be cited as the Postal Services Act 2000.Short title andextent.

(2) Any modification by this Act of an enactment has the same extentas the enactment modified.

(3) Subject to that, this Act extends to Northern Ireland.

(4) Sections 127(1) to (3) and 129 and this section, together withsections 122 and 125 so far as they relate to those provisions, extend tothe Isle of Man and the Channel Islands (in addition to any provisions ofthis Act which so extend by virtue of subsection (2) above).

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S C H E D U L E S

SCHEDULE 1 Section 1(3).

The Postal Services Commission

Membership

1.—(1) The Commission shall consist of the following members—

(a) a chairman appointed by the Secretary of State,

(b) no fewer than three other persons appointed by the Secretary of Stateafter consulting the chairman, and

(c) the chief executive of the Commission.

(2) The members of the Commission shall be known as the Postal ServiceCommissioners.

(3) In this Schedule references to the appointed members of the Commissionshall be construed as references to the chairman and to the members appointedunder sub-paragraph (1)(b).

Terms of appointment of members

2.—(1) Subject to this Schedule, the appointed members of the Commissionshall hold and vacate office in accordance with the terms of their respectiveappointments.

(2) The terms of their appointments shall be determined by the Secretary ofState.

3.—(1) An appointment of a person to hold office as chairman or as a memberappointed under paragraph 1(1)(b) shall be for a term not exceeding five years.

(2) A person holding such an office may resign his office by giving notice tothe Secretary of State.

(3) The Secretary of State may remove a person from any such office on theground of incapacity or misbehaviour.

(4) Where a person ceases to hold office as chairman or chief executive, heshall cease to be a member of the Commission.

(5) No person shall be prevented from being a member of the Commission(whether as chairman or otherwise) merely because he has previously been amember of the Commission (whether as chairman or otherwise).

Pay and remuneration of members

4.—(1) The Commission shall, if required to do so by the Secretary of State,pay its appointed members such remuneration, and such travelling and otherallowances, as the Secretary of State may determine.

(2) The Commission shall, if required to do so by the Secretary of State—

(a) pay to or in respect of any person who is or has been an appointedmember of the Commission such pension, allowances or gratuities asthe Secretary of State may determine, or

(b) make such payments as the Secretary of State may determine towardsprovision for the payment of a pension, allowance or gratuity to or inrespect of such a person.

(3) Where—

(a) a person ceases to hold office as chairman or a member appointed underparagraph 1(1)(b), and



Sch. 1(b) the Secretary of State determines that there are special circumstances

which make it right for that person to receive compensation,

the Commission shall make a payment to the person by way of compensation ofsuch amount as the Secretary of State may determine.

Staff

5.—(1) The Commission shall, after consulting the Secretary of State, appointa person as chief executive.

(2) The appointment shall be on such terms and conditions of service as theMinister for the Civil Service may approve.

(3) The Commission may, with the approval of the Minister for the CivilService as to numbers and terms and conditions of service, appoint such otherstaff as it considers appropriate.

Committees

6.—(1) The Commission may establish committees and any committee of theCommission may establish sub-committees.

(2) The members of a committee of the Commission may include persons whoare not members of the Commission (and the members of a sub-committee mayinclude persons who are not members of the committee).

Proceedings etc.

7.—(1) The Commission may regulate its own procedure (including quorum).

(2) The validity of anything done by the Commission shall not be affected bya vacancy among its members or by a defect in the appointment of a member.

8.—(1) The application of the common seal of the Commission shall beauthenticated by the signature of the chief executive, another member of theCommission or some other person who has been authorised for that purpose(whether generally or specifically) by the Commission.

(2) Sub-paragraph (1) does not apply in relation to any document which is oris to be signed in accordance with the law of Scotland.

9. A document purporting to be duly executed under the seal of theCommission, or signed on its behalf, shall be received in evidence and, unless thecontrary is proved, be taken to be so executed or signed.

Delegation

10.—(1) Anything authorised or required to be done by the Commission maybe done by—

(a) any member, or member of staff, of the Commission who is authorisedby the Commission for that purpose (whether generally orspecifically), or

(b) any committee of the Commission which has been so authorised.

(2) In sub-paragraph (1)(b) “committee of the Commission” does not includea committee whose members include any person who is not a member, or amember of staff, of the Commission.



Sch. 1Supplementary powers

11.—(1) The Commission has power to do anything (except borrow money)which is calculated to facilitate, or is incidental or conducive to, the performanceof any of its functions.

(2) That power includes, in particular, the formation of advisory bodies.

SCHEDULE 2 Section 2(3).

The Consumer Council for Postal Services

Membership

1.—(1) The Council shall consist of the following members—

(a) a chairman appointed by the Secretary of State,

(b) the chairmen of the regional committees established under section54(4)(a) and the chairman of any committee for England establishedunder section 54(4)(c), and

(c) such number of other persons appointed by the Secretary of State as hemay from time to time determine.

(2) The Secretary of State shall consult the chairman of the Council beforemaking an appointment or a determination under sub-paragraph (1)(c).

(3) In appointing persons under this paragraph or paragraph 2(1)(a), theSecretary of State shall have regard to the desirability of including among themembers of the Council one or more persons who—

(a) have experience of work among, and the special needs of, disabledpeople, or

(b) have or have had a disability.

Committees

2.—(1) A regional committee established under section 54(4)(a) and anycommittee for England established under section 54(4)(c) shall consist of thefollowing members—

(a) a chairman appointed by the Secretary of State after consulting thechairman of the Council, and

(b) other persons appointed by the Council.

(2) A regional committee established under section 54(4)(b) and a regionalcommittee (other than a committee for England) established under section54(4)(c) shall consist of the following members—

(a) a chairman appointed by the Council after consulting the Secretary ofState, and

(b) other persons appointed by the Council.

(3) The number of persons appointed under sub-paragraph (1)(b) or (2)(b)shall not be greater than the number for the time being determined by theCouncil, with the approval of the Secretary of State, in relation to thatcommittee.

3.—(1) The Council shall not—

(a) establish any committee under section 54(4)(b) or (c) (other than acommittee for England),

(b) abolish any such committee, or

(c) vary the area for which such a committee is established,

except with the approval of the Secretary of State and, subject to sub-paragraph(5), after complying with the requirements of sub-paragraphs (2) to (4).



Sch. 2(2) If the Council proposes to do anything mentioned in sub-paragraph (1),

the Council shall—

(a) after consulting the Secretary of State, publish a notice in such manneras the Council considers appropriate for bringing it to the attention ofpersons likely to be affected by the proposal, and

(b) consider any representations made in accordance with the notice (andnot withdrawn).


(a) describe the proposal, and

(b) state the period (not less than two months starting with the date ofpublication of the notice) within which representations may be made inrelation to the proposal.

(4) The Secretary of State shall not give his approval under sub-paragraph (1)until after the expiry of the period stated in the notice.

(5) The requirements of sub-paragraphs (2) to (4) do not apply to theestablishment of any committee within the period of two months beginning withthe day on which section 54(4) comes into force.

4.—(1) The Council may establish other committees.

(2) Any committee of the Council may establish sub-committees.

(3) The members of a committee of the Council may include persons who arenot members of the Council (and the members of a sub-committee may includepersons who are not members of the committee).

Terms of appointment of members

5. Subject to this Schedule, the chairman of the Council, chairmen of regionalcommittees established under section 54(4)(a), the chairman of any committeefor England established under section 54(4)(c) and other members of the Councilshall hold and vacate office in accordance with the terms of their respectiveappointments.

6.—(1) A person holding office as chairman of the Council, chairman of aregional committee established under section 54(4)(a), chairman of anycommittee for England established under section 54(4)(c) or other member of theCouncil may resign his office by giving notice to the Secretary of State.

(2) The Secretary of State may remove a person from any such office on theground of incapacity or misbehaviour.

(3) Where a person ceases to hold office as chairman of the Council or of aregional committee established under section 54(4)(a) or of any committee forEngland established under section 54(4)(c), he shall cease to be a member of theCouncil.

(4) No person shall be prevented from being a member of the Council(whether as chairman or otherwise) merely because he has previously been amember of the Council (whether as chairman or otherwise).

Pay and remuneration of members

7.—(1) The Council shall pay the chairman and other members of the Councilsuch remuneration, and such travelling and other allowances, as the Secretary ofState may determine.

(2) The Council may—



Sch. 2(a) with the approval of the Secretary of State, pay any member of a

committee or sub-committee who is not a member of the Council suchremuneration, and

(b) pay any member of a committee or sub-committee such travelling andother allowances,

as the Council may determine.

(3) The Council may, with the approval of the Secretary of State—

(a) pay to or in respect of any person who is or has been a chairman or othermember of the Council or of a committee or sub-committee suchpension, allowances or gratuities as the Council may, with the approvalof the Secretary of State, determine, or

(b) make such payments as the Council may, with the approval of theSecretary of State, determine towards provision for the payment of apension, allowance or gratuity to or in respect of such a person.

(4) Where—

(a) a person ceases to hold office as chairman or other member of theCouncil or of a committee or sub-committee, and

(b) the Council, with the approval of the Secretary of State, determines thatthere are special circumstances which make it right for that person toreceive compensation,

the Council may make a payment to the person by way of compensation of suchamount as it may, with the approval of the Secretary of State, determine.

Staff

8.—(1) The Council shall, after consulting the Secretary of State, appoint aperson as principal officer.

(2) The appointment shall be on such terms and conditions of service as theSecretary of State may approve.

(3) The Council may, with the approval of the Secretary of State as tonumbers and terms and conditions of service, appoint such other staff as itconsiders appropriate.

9.—(1) The persons to whom section 1 of the Superannuation Act 1972 applies 1972 c. 11.(persons to or in respect of whom benefits may be provided by schemes underthat section) shall include the staff of the Council.

(2) The Council shall pay to the Minister for the Civil Service, at such timesas he may direct, such sums as he may determine in respect of any increaseattributable to sub-paragraph (1) in the sums payable out of money provided byParliament under the Superannuation Act 1972.

Proceedings etc.

10.—(1) The Council may regulate its own procedure (including quorum).

(2) The validity of anything done by the Council shall not be affected by avacancy among its members or by a defect in the appointment of a member.

11.—(1) The application of the common seal of the Council shall beauthenticated by the signature of the principal officer, the chairman or a memberof the Council, or some other person who has been authorised for that purpose(whether generally or specifically) by the Council.

(2) Sub-paragraph (1) does not apply in relation to any document which is oris to be signed in accordance with the law of Scotland.



Sch. 212. A document purporting to be duly executed under the seal of the Council,

or signed on its behalf, shall be received in evidence and, unless the contrary isproved, be taken to be so executed or signed.

Delegation

13. Anything authorised or required to be done by the Council may be doneby—

(a) any member, or member of staff, of the Council who is authorised bythe Council for that purpose (whether generally or specifically), or

(b) any committee of the Council which has been so authorised.

Supplementary powers

14. The Council has power to do anything (except borrow money) which iscalculated to facilitate, or is incidental or conducive to, the performance of anyof its functions.

Accounts and expenses

15. The Council shall comply with any notice given to it by the Secretary ofState with the approval of the Treasury requiring it to perform duties of afinancial nature specified in the notice.

16.—(1) The Council shall prepare, in respect of each financial year, astatement of accounts giving a true and fair view of the state of affairs and theincome and expenditure of the Council.

(2) The statement of accounts shall comply with any requirement notified tothe Council by the Secretary of State with the approval of the Treasury.

(3) The Council shall send a copy of each statement of accounts preparedunder this paragraph to the Secretary of State and to the Comptroller andAuditor General within such period after the end of the financial year to whichit relates as the Secretary of State may specify by notice given to the Council.

(4) The Comptroller and Auditor General shall—

(a) examine, certify and report on each statement of accounts received byhim under sub-paragraph (3), and

(b) lay a copy of each such statement of accounts, and of his report on it,before each House of Parliament.

17. The Secretary of State may pay such amounts in respect of the expenses ofthe Council as he may determine.

SCHEDULE 3Section 62(6).

Transfer to the Post Office company: supplementary provisions

General provisions as to vesting of property etc.

1.—(1) Anything (including any legal proceedings) which, immediately beforethe appointed day, is in the process of being done by or in relation to the PostOffice may, so far as it relates to anything transferred by virtue of section 62, becontinued by or in relation to the Post Office company.

(2) Anything done (or having effect as if done) by or in relation to the PostOffice for the purposes of or in connection with anything transferred by virtue ofsection 62 shall, if in force immediately before the appointed day, have effect asif done by or in relation to the Post Office company in so far as that is requiredfor continuing its effect on or after the appointed day.



Sch. 3(3) The transfer effected by virtue of section 62 does not affect the validity of

anything done (or having effect as if done) by or in relation to the Post Officebefore the appointed day.

(4) Any agreement (whether or not in writing), or any document other thanan agreement or enactment, which was made before the appointed day shall haveeffect, so far as may be necessary for the purposes of, or in consequence of, thetransfer effected by virtue of section 62 as if—

(a) any references (including references which are to be construed as suchreferences) to the Post Office were references to the Post Officecompany, and

(b) any references (including references which are to be construed as suchreferences) to an employee or other person serving the Post Office in aspecified capacity were references to such a person as the Post Officecompany may appoint or, in default of appointment, to a person withcorresponding functions serving the Post Office company.

(5) The Secretary of State may by order provide for any provision of sub-paragraphs (1) to (4) not to apply, or to apply with modifications, in such casesor descriptions of case as he considers appropriate.

(6) Sub-paragraphs (1) to (4) are subject to any provision made by or underthis Act.

Pensions

2.—(1) The Post Office company shall, on and after the appointed day, beliable to make payments of the same descriptions as the descriptions of paymentswhich, immediately before that day, the Post Office was liable to make undersections 44 and 46 of the Post Office Act 1969 (pension payments for certain 1969 c. 48.former civil servants).

(2) Sub-paragraph (1) is without prejudice to the generality of the transfereffected by virtue of section 62.

3. Section 6(2) of the Commonwealth Telegraphs Act 1949 (which provides for 1949 c. 39.the making of regulations with respect to the payment of pensions to, or inrespect of, employees of Cable and Wireless Limited) shall have effect as if, inparagraph (c) and sub-paragraphs (iv), (v) and (vi) of paragraph (d), referenceswhich include references to the successor company (within the meaning of theTelecommunications Act 1984) included references to the Post Office company. 1984 c. 12.

4.—(1) Trustees appointed by the Post Office company shall hold moneys heldimmediately before the appointed day by virtue of section 47(10) of the PostOffice Act 1969 (moneys paid to the Post Office to meet certain pensionliabilities), and any sums accruing as a result of the investment of such money,on such relevant trusts as the Post Office company may declare.

(2) For the purposes of sub-paragraph (1)—

(a) the persons who were trustees appointed by the Post Office for thepurposes of section 47 of the Act of 1969 immediately before theappointed day shall be treated, on and after that day, as if they are thefirst trustees appointed by the Post Office company, and

(b) the trusts (as modified by paragraph 1 of this Schedule and with thesubstitution of references to paragraph 2 of this Schedule for referencesto sections 44 and 46 of the Act of 1969) on which the moneys were heldby them immediately before the appointed day for the purposes ofsection 47 of the Act of 1969 shall be treated, on and after the appointedday, as if they are the first relevant trusts declared by the Post Officecompany.



Sch. 3(3) Subject to that, for the purposes of sub-paragraph (1), trusts are relevant

trusts if their objects consist in—

(a) the payment, or the making of provision for the payment, of pensions,allowances and gratuities to, or in respect of, such persons engaged inthe business of the Post Office company or any company associatedwith the Post Office company as may be specified in the trusts, and

(b) the reimbursement of the Post Office company for sums paid underparagraph 2,

and include the objects of the first relevant trusts.

Welfare funds

5.—(1) This paragraph applies to—

(a) a fund (whether described as a welfare fund, benevolent fund, mutualaid fund or otherwise) whose objects consist in, or include, theprovision of benefits in case of need, sickness or distress for Post Officebeneficiaries, and

(b) a society or organisation (however described) whose objects are similar.

(2) In sub-paragraph (1) “Post Office beneficiaries” means any or all of thefollowing persons—

(a) persons who are, or have been, engaged in the business of the PostOffice,

(b) the relatives or dependants of such persons.

(3) The provisions of the trust deed, rules, regulations or other instrumentconstituting or regulating a fund, society or organisation to which this paragraphapplies may, by resolution of the managers of the fund, society or organisation,be altered as mentioned in sub-paragraph (4).

(4) The provisions may be altered so as—

(a) to permit persons who are, or have been, engaged in the business of thePost Office company, or such persons of a particular description, tobecome members of, or subscribers to, the fund, society ororganisation,

(b) to entitle such persons, or such persons of a particular description, andpersons claiming in right of them, to receive benefits from the fund,society or organisation (subject to any terms and conditions specifiedin the resolution) if, and to the extent that, they would be entitled toreceive benefits from it if being engaged in the business of the PostOffice company were being engaged in the business of the Post Office.

(5) No alteration may be made that alters the character of the fund, society ororganisation.

(6) If a resolution of the managers of a fund, society or organisation to whichthis paragraph applies so provides—

(a) any references in the trust deed, rules, regulations or other instrumentconstituting or regulating the fund, society or organisation to the PostOffice shall be construed as references (or, if the context so requires, asincluding references) to the Post Office company, and

(b) any references in that instrument to persons engaged in the business ofthe Post Office or persons of a particular description so engaged shallbe construed as references (or, if the context so requires, as includingreferences) to persons engaged in the business of the Post Officecompany or (as the case may be) persons of a correspondingdescription so engaged.



Sch. 3(7) In this paragraph “managers” in relation to a fund, society or

organisation, means the trustees, committee or other persons entrusted with itsmanagement.

Third party rights relating to land

6.—(1) No relevant land right shall operate or become exercisable as a resultof the transfer effected by virtue of section 62.

(2) In this paragraph “relevant land right” means any of the following rightsrelating to land—

(a) a right of reverter (or, in Scotland, the right of the fiar on thetermination of a liferent),

(b) a right of pre-emption,

(c) a right of forfeiture,

(d) a right of re-entry,

(e) a right of irritancy,

(f) an option, and

(g) a right similar to anything falling within paragraphs (a) to (f).

(3) A relevant land right shall have effect, in the case of the transfer effectedby virtue of section 62, as if—

(a) the Post Office company were the same person in law as the PostOffice, and

(b) no transfer of the land had taken place.

(4) Such compensation as is just shall be paid by the Post Office company toany person in respect of any relevant land right which would, apart from sub-paragraphs (1) to (3), have operated in favour of, or become exercisable by, thatperson but which, in consequence of the operation of those sub-paragraphs,cannot subsequently operate in his favour or (as the case may be) becomeexercisable by him.

(5) Any dispute as to whether, or how much, compensation is payable orabout the person to whom it is payable shall be referred to and determined by—

(a) an arbitrator appointed by the President of the Royal Institution ofChartered Surveyors (if the proceedings are to be held in Englandand Wales),

(b) an arbiter appointed by the Chairman of the Royal Institution ofChartered Surveyors in Scotland (if the proceedings are to be held inScotland), or

(c) an arbitrator appointed by the Lord Chancellor (if the proceedings areto be held in Northern Ireland).

Other third party property rights

7.—(1) This paragraph applies where—

(a) any rights or liabilities of a third party which were enforceable againstor by the Post Office have by virtue of this Part of this Act becomeenforceable against or by the Post Office company, and

(b) the value of any property or interest of the third party is diminished asa result.

(2) Such compensation as is just shall be paid by the Post Office company.

(3) Any dispute as to whether, or how much, compensation is payable orabout the person to whom it is payable shall be referred to and determined by—



Sch. 3(a) an arbitrator appointed by the President of the Royal Institution of

Chartered Surveyors (if the proceedings are to be held in Englandand Wales),

(b) an arbiter appointed by the Chairman of the Royal Institution ofChartered Surveyors in Scotland (if the proceedings are to be held inScotland), or

(c) an arbitrator appointed by the Lord Chancellor (if the proceedings areto be held in Northern Ireland).

(4) In this paragraph “third party” means any person other than the PostOffice and the Post Office company.

Requisitions on title as to Treasury consent

8. A person dealing with the Post Office company in respect of land transferredto it by virtue of section 62 shall not be bound or entitled to inquire whether theconsent of the Treasury to any previous dealing with the land was needed orwhether, if it was, it was given.

Vesting of foreign property etc.

9.—(1) The Post Office and the Post Office company shall take, as and whenduring the transitional period the Post Office company considers appropriate, allsuch steps as may be necessary to secure that the vesting in the Post Officecompany by virtue of section 62 or this paragraph of any foreign property, rightor liability is effective under the relevant foreign law.

(2) Until the vesting in the Post Office company by virtue of section 62 or thisparagraph of any foreign property, right or liability is effective under the relevantforeign law, the Post Office shall during the transitional period—

(a) hold that property or right for the benefit of the Post Office company, or

(b) discharge that liability on behalf of the Post Office company.

(3) Nothing in sub-paragraphs (1) and (2) shall be taken as prejudicing theeffect under the law of the United Kingdom, or of any part of the UnitedKingdom, of the vesting in the Post Office company by virtue of section 62 or thisparagraph of any foreign property, right or liability.

(4) The Post Office shall, subject to sub-paragraphs (5) and (6), have all suchpowers as may be necessary for the performance of its duties under thisparagraph.

(5) The Post Office company shall during the transitional period act on behalfof the Post Office (so far as possible) in performing the duties imposed on the PostOffice by this paragraph.

(6) Any foreign property, rights and liabilities acquired or incurred by thePost Office during the transitional period shall immediately become property,rights and liabilities of the Post Office company.

(7) References in this paragraph to any foreign property, right or liability arereferences to any property, right or liability as respects which any issue arisingin any proceedings would have been determined (in accordance with the rules ofprivate international law) by reference to the law of a country or territory outsidethe United Kingdom.

(8) Any expenses incurred by the Post Office under this paragraph shall be metby the Post Office company.



Sch. 3Interpretation

10. The period of the continued existence of the Post Office after the appointedday is referred to in this Schedule as “the transitional period”.

SCHEDULE 4 Section 81.

Transfer to the Post Office company: tax

Corporation tax: general

1. The Post Office company shall, on and after the appointed day, be treatedfor all purposes of corporation tax as if it were the same person as the Post Office.

Shares and other securities

2. Any share issued by the Post Office company or any of its wholly ownedsubsidiaries in pursuance of section 63 shall be treated for the purposes of theCorporation Tax Acts as if it had been issued wholly in consideration of asubscription paid to the company concerned of an amount equal to the nominalvalue of the share.

3. Any security (other than a share) issued by the Post Office company or anyof its wholly owned subsidiaries in pursuance of section 63 or 74 shall be treatedfor the purposes of the Corporation Tax Acts as if it had been issued wholly inconsideration of a loan made to the company concerned of an amount equal tothe principal sum payable under the security.

Debt

4. Any debt assumed by the Post Office company under section 74(1) shall betreated for the purposes of the Corporation Tax Acts as if it had been assumedwholly in consideration of a loan made to the company of an amount equal tothe principal sum payable under the debt.

Transfer arrangements

5. The existence or exercise of the powers of the Secretary of State undersection 62 shall not be regarded as constituting or creating arrangements withinthe meaning of section 410 of the Income and Corporation Taxes Act 1988 1988 c. 1.(arrangements for the transfer of a company to another group or consortium).

Tax-free benefits

6. Nothing in this Part and nothing done under it shall be regarded as a schemeor arrangement for the purposes of section 30 of the Taxation of Chargeable 1992 c. 12.Gains Act 1992 (tax-free benefits).

Assets acquired by the Post Office in 1969

7. The Act of 1992 shall apply in relation to a disposal by the Post Officecompany of an asset acquired by the Post Office by virtue of Part III of the Post 1969 c. 48.Office Act 1969 as if the acquisition or provision of the asset by the Crown hadbeen the acquisition or provision of it by the Post Office company.

Value added tax

8. The Post Office company shall, on and after the appointed day, be treatedfor all purposes of value added tax as if it were the same person as the Post Office.



Sch. 4Stamp duty

9. No transfer effected by virtue of section 62 shall give rise to any liability tostamp duty.

SCHEDULE 5Section 95.

Acquisition of land

Part I

Powers of acquisition etc

England and Wales

1.—(1) The Secretary of State may authorise a universal service provider topurchase compulsorily any land in England and Wales required for any purposein connection with the provision of a universal postal service.

(2) The power of purchasing land compulsorily under this paragraph includespower to acquire, by creation of a new right, an easement or other right overland.

(3) Any land in England and Wales vested in a universal service provider byvirtue of this Schedule shall be deemed for all purposes to have been acquired byhim for the purposes of his undertaking as a universal service provider.

Scotland

2.—(1) The Secretary of State may authorise a universal service provider topurchase compulsorily any land in Scotland required for any purpose inconnection with the provision of a universal postal service.

(2) The power of purchasing land compulsorily under this paragraph includespower to acquire, by creation of a new right, a servitude or other right over land.

(3) Any land in Scotland vested in a universal service provider by virtue of thisSchedule shall be deemed for all purposes to have been acquired by him for thepurposes of his undertaking as a universal service provider.

Northern Ireland

3.—(1) Where a universal service provider proposes to acquire, otherwise thanby agreement, any land in Northern Ireland—

(a) which is required by the universal service provider for any purpose inconnection with the provision of a universal postal service, or

(b) as to which it can reasonably be foreseen that it will be so required,

the universal service provider may apply to the Secretary of State for an ordervesting the land in him, and the Secretary of State shall have power to make suchan order.

(2) The power of acquiring land compulsorily under this paragraph includespower to acquire, by the creation of a new right, an easement or other rightover land.

(3) The Secretary of State shall consult the First Minister and the deputy FirstMinister in Northern Ireland before exercising his power to make an order underthis paragraph in respect of land which—

(a) is the property of any public body which has power under anyenactment to acquire land compulsorily, or

(b) is declared by or under any enactment to be inalienable,

where representations objecting to the proposal for making the order have beenduly made by the owner of the land and not withdrawn.



Sch. 5(4) Any land in Northern Ireland vested in a universal service provider by

virtue of this Schedule shall be deemed for all purposes to have been acquired byhim for the purposes of his undertaking as a universal service provider.

(5) Section 122(1) does not apply to an order of the Secretary of State underthis paragraph.

(6) In this paragraph—

“land” has the meaning given by section 45(1)(a) of the Interpretation Act 1954 c. 33 (N.I.).(Northern Ireland) 1954, and

“public body” means a body established by or under any enactment.

Part II

Procedure, compensation etc (England and Wales)

Application of Acquisition of Land Act 1981

4.—(1) The Acquisition of Land Act 1981 shall apply to any compulsory 1981 c. 67.purchase by a universal service provider of land or rights in England and Wales.

(2) Schedule 3 to that Act shall apply in the case of a compulsory acquisitionby a universal service provider of a right by the creation of a new right.

New rights: Compulsory Purchase Act 1965

5. The Compulsory Purchase Act 1965 shall have effect with the modifications 1965 c. 56.necessary to make it apply to a universal service provider’s compulsoryacquisition of a right in England and Wales by the creation of a new right as itapplies to the compulsory acquisition of land, so that, in appropriate contexts,references in that Act to land are to be read as referring, or as includingreferences, to—

(a) the right acquired or to be acquired, or

(b) land over which the right is or is to be exercisable,

according to the requirements of the particular context.

New rights: specific adaptations of 1965 Act

6. Without prejudice to the generality of paragraph 5, Part I of theCompulsory Purchase Act 1965 shall apply in relation to a universal serviceprovider’s compulsory acquisition of a right in England and Wales by thecreation of a new right with the modifications specified in paragraphs 7 to 12.

7. For section 7 of that Act (measure of compensation) there shall besubstituted the following section—

“7. In assessing the compensation to be paid by the acquiring authorityunder this Act regard shall be had not only to the extent (if any) to whichthe value of the land over which the right is to be acquired is depreciatedby the acquisition of the right but also to the damage (if any) to be sustainedby the owner of the land by reason of its severance from other land of his,or injuriously affecting that other land by the exercise of the powersconferred by this or the special Act.”

8. In section 8 of that Act (protection for vendor against severance of house,garden, etc.), for subsection (1) there shall be substituted—

“(1) Subject to subsections (1A) to (1C), no person shall be required togrant any right over part only—

(a) of any house, building or manufactory, or



Sch. 5(b) of a park or garden belonging to a house,

if he is willing to sell the whole of the house, building, manufactory, parkor garden.

(1A) The Lands Tribunal may determine that—

(a) in the case of a house, building or manufactory, the part overwhich the right is proposed to be acquired can be made subjectto that right without material detriment to the house, building ormanufactory, or

(b) in the case of a park or garden, the part over which the right isproposed to be acquired can be made subject to that right withoutseriously affecting the amenity or convenience of the house.

(1B) If the Lands Tribunal make such a determination, the Tribunalshall award compensation in respect of any loss due to the acquisition ofthe right, in addition to its value; and the owner shall be required to grantto the acquiring authority that right over the part of the house, building,manufactory, park or garden.

(1C) In considering for the purposes of subsection (1A)—

(a) the extent of any material detriment to a house, building ormanufactory, or

(b) any extent to which the amenity or convenience of a house isaffected,

the Lands Tribunal shall have regard not only to the right which is to beacquired over the land, but also to any adjoining or adjacent landbelonging to the same owner and subject to compulsory purchase.”

9.—(1) The provisions of that Act referred to in sub-paragraph (2) (beingprovisions stating the effect of a deed poll executed in various circumstanceswhere there is no conveyance by persons with interests in the land) shall bemodified in accordance with sub-paragraph (3).


section 9(4) (refusal by owners to convey),

Schedule 1, paragraph 10(3) (owners under incapacity),

Schedule 2, paragraph 2(3) (absent and untraced owners), and

Schedule 4, paragraphs 2(3) and 7(2) (common land).

(3) The provisions shall be so modified as to secure that, as against personswith interests in the land which are expressed to be overridden by the deed, theright which is to be compulsorily acquired is vested absolutely in the acquiringauthority.

10. Section 11 of that Act (powers of entry) shall be so modified as to securethat, as from the date on which the acquiring authority have served notice to treatin respect of any right, the acquiring authority have power, exercisable in the likecircumstances and subject to the like conditions, to enter for the purpose ofexercising that right (which shall be deemed for this purpose to have been createdon the date of service of the notice); and sections 12 (penalty for unauthorisedentry) and 13 (entry on sheriff’s warrant in the event of obstruction) shall bemodified correspondingly.

11. Section 20 of that Act (protection for interests of tenants at will etc.) shallapply with the modifications necessary to secure that persons with such interestsas are mentioned in that section are compensated in a manner corresponding tothat in which they would be compensated on a compulsory acquisition of that



Sch. 5land, but taking into account only the extent (if any) of such interference withsuch an interest as is actually caused, or likely to be caused, by the exercise of theright in question.

12. Section 22 of that Act (protection of acquiring authority’s possessionwhere by inadvertence an estate, right or interest has not been got in) shall be somodified as to enable the acquiring authority, in circumstances corresponding tothose referred to in that section, to continue to be entitled to exercise the rightacquired, subject to compliance with that section as respects compensation.

New rights: compensation

13. The enactments in force in England and Wales with respect tocompensation for the compulsory purchase of land shall apply with the necessarymodifications as respects compensation in the case of a universal serviceprovider’s compulsory acquisition of a right by the creation of a new right as theyapply to compensation on the compulsory purchase of land and interests in land.

Part III

Procedure, compensation etc (Scotland)

Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

14. The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 1947 c. 42.shall apply to the compulsory purchase by a universal service provider of land orrights in Scotland as if he were a local authority within the meaning of that Act,and as if this Act had been in force immediately before the commencement ofthat Act.

New rights: application of 1947 Act and incorporated enactments

15. The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947,and the enactments incorporated with this Act by virtue of paragraph 14 aboveand paragraph 1 of the Second Schedule to that Act, shall have effect with themodifications necessary to make them apply to a universal service provider’scompulsory acquisition of a right in Scotland by the creation of a new right asthey apply to the compulsory acquisition of land, so that, in appropriatecontexts, references in those enactments and that Act to land are to be read asreferring, or as including references, to—

(a) the right acquired or to be acquired, or

(b) land over which the right is or is to be exercisable,

according to the requirements of the particular context.

New rights: specific adaptations of 1947 Act

16. Without prejudice to the generality of paragraph 15 above, Part III of theFirst Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland)Act 1947 (requirement of special parliamentary procedure, and other specialprovisions, in the case of acquisition of certain descriptions of land) shall applyin relation to a universal service provider’s compulsory acquisition of a right inScotland by the creation of a new right with the modifications specified inparagraphs 17 to 21 below.

17. In paragraph 9 of that Schedule (compulsory purchase affecting land of theNational Trust for Scotland) for references to the compulsory purchase of landthere shall be substituted references to the compulsory acquisition of rightsover land.



Sch. 518. In paragraph 10 of that Schedule (land of statutory undertakers)—

(a) for the words “land comprised in the order” there shall be substitutedthe words “land over which a right is to be acquired by virtue of theorder”,

(b) for the words “purchase of” there shall be substituted the words“acquisition of a right over”,

(c) for the words “it can be purchased and not replaced” there shall besubstituted the words “the right can be acquired”,

(d) for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

“(ii) that any detriment to the carrying on of the undertaking, inconsequence of the acquisition of the right, can be made good by theundertakers by the use of other land belonging to, or available foracquisition by, them”, and

(e) the references to “the Scottish Ministers” (as substituted by the ScotlandS.I. 1999/1820.Act 1998 (Consequential Modifications) (No. 2) Order 1999), howeverexpressed, shall be construed as references to the Secretary of State.

19. In paragraph 11 of that Schedule (common or open space), for sub-paragraph (1) there shall be substituted the following sub-paragraph—

“(1) In so far as a compulsory purchase order authorises the acquisitionof a right over land forming part of a common or open space, it shall besubject to special parliamentary procedure unless the Secretary of State issatisfied—

(a) that the land, when burdened with that right, will be no lessadvantageous to those persons in whom it is vested and otherpersons, if any, entitled to rights of common or other rights, andto the public, than it was before,

(b) that there has been or will be given in exchange for the rightadditional land which will as respects the persons in whom thereis vested the land over which the right is to be acquired, thepersons, if any, entitled to rights of common or other rights overthat land, and the public, be adequate to compensate them for thedisadvantages which result from the acquisition of the right, andthat the additional land has been or will be vested in the personsin whom there is vested the land over which the right is to beacquired, and subject to the like rights, trusts and incidents asattach to that land apart from the compulsory purchase order, or

(c) that the land affected by the right to be acquired does not exceed210 square metres in extent, and that the giving of other land inexchange for the right is unnecessary, whether in the interests ofthe persons, if any, entitled to rights of common or other rightsor in the interests of the public,

and certifies accordingly.”

20. Paragraph 3(1) of the Second Schedule to the Acquisition of Land1947 c. 42.(Authorisation Procedure) (Scotland) Act 1947 shall be so modified as to securethat, as from the date on which the universal service provider has served noticeto treat in respect of any right, he has power, exercisable in the like circumstancesand subject to the like conditions, to enter for the purpose of exercising that right(which shall be deemed for this purpose to have been created on the date ofservice of the notice).

21. For paragraph 4 of that Schedule (protection for owner against severanceof property) there shall be substituted the following paragraphs—

“4. No person shall be required to grant any right over part only—



Sch. 5(a) of any house, building or manufactory, or

(b) of a park or garden belonging to a house,

if he is willing to sell the whole of the house, building, manufactory, parkor garden, unless the Lands Tribunal for Scotland determines that—

(i) in the case of a house, building or manufactory, the partover which the right is proposed to be acquired can be madesubject to that right without material detriment to the house,building or manufactory, or

(ii) in the case of a park or garden, the part over which theright is proposed to be acquired can be made subject to thatright without seriously affecting the amenity or convenience ofthe house,

and if it so determines, it shall award compensation in respect of any lossdue to the acquisition of the right, in addition to its value; and thereuponthe party interested shall be required to grant to the acquiring authoritythat right over the part of the house, building, manufactory, park orgarden.

4A. In considering, for the purposes of paragraph 4 above, the extent ofany material detriment to a house, building or manufactory, or any extentto which the amenity or convenience of a house is affected, the LandsTribunal for Scotland shall have regard not only to the right which is to beacquired over the land, but also to any adjoining or adjacent landbelonging to the same owner and subject to compulsory purchase.”

New rights: specific adaptations of Lands Clauses Consolidation (Scotland) Act1845

22. Without prejudice to the generality of paragraph 15 above, the Lands 1845 c. 19.Clauses Consolidation (Scotland) Act 1845 shall apply in relation to a universalservice provider’s compulsory acquisition of a right in Scotland by the creationof a new right with the modifications specified in paragraphs 23 to 26 below.

23. For section 61 of that Act (estimation of compensation) there shall besubstituted the following section—

“61. In estimating the purchase money or compensation to be paid by theuniversal service provider under the special Act, in any of the casesaforesaid, regard shall be had not only to the extent (if any) to which thevalue of the land over which the right is to be acquired is depreciated by theacquisition of the right, but also to the damage (if any) to be sustained bythe owner of the land by reason of its severance from other land of his, orinjuriously affecting that other land by the exercise of the powers conferredby this or the special Act.”

24. The following provisions of that Act (being provisions stating the effect ofa notarial instrument or of a disposition executed in various circumstances wherethere is no conveyance by persons with interests in the land)—

section 74 (failure by owner to convey),

section 76 (refusal to convey or show title or owner cannot be found), and

section 98 (vesting of common land),

shall be so modified as to secure that, as against persons with interests in the landover which the right is to be compulsorily acquired, such right is vestedabsolutely in the universal service provider.

25. Sections 114 (compensation to be made to tenants for a year etc.) and 115(compensation where greater interest than tenant for a year) of that Act shallapply with the modifications necessary to secure that persons with such interests



Sch. 5as are mentioned in those sections are compensated in a manner correspondingto that in which they would be compensated on a compulsory acquisition of thatland, but taking into account only the extent (if any) of such interference withsuch an interest as is actually caused, or likely to be caused, by the exercise of theright in question.

26. Sections 117 (protection of promoter of undertaking where byinadvertence an interest in land has not been purchased etc.) and 118 (provisionssupplementary to section 117) of that Act shall be so modified as to enable theuniversal service provider, in circumstances corresponding to those referred to inthose sections, to continue to be entitled to exercise the right acquired, subject tocompliance with those sections as respects compensation.

New rights: compensation

27. The enactments in force in Scotland with respect to compensation for thecompulsory purchase of land shall apply as respects compensation in the case ofa universal service provider’s compulsory acquisition of a right by the creationof a new right as they apply to compensation on the compulsory purchase of landand interests in land.

Part IV

Procedure, compensation etc (Northern Ireland)

28. For the purposes of the acquisition of land by means of a vesting orderunder paragraph 3 of this Schedule, Schedule 6 to the Local Government Act1972 c. 9 (N.I.).(Northern Ireland) 1972 and Schedule 8 to the Health and Personal SocialS.I. 1972/1265Services (Northern Ireland) Order 1972 are incorporated in this Act subject to(N.I. 14).the modifications in paragraph 29.

29. The modifications mentioned in paragraph 28 are—

(a) for any reference in Schedule 6 to a council there shall be substituted areference to the universal service provider,

(b) for any reference in Schedule 6 or Schedule 8 to the Department thereshall be substituted a reference to the Secretary of State,

(c) for any reference in Schedule 6 to the Act or in Schedule 8 to the Orderthere shall be substituted a reference to this Act,

(d) in paragraph 6(2) of Schedule 6, for the words from “the fund” onwardsthere shall be substituted the words “funds of the universal serviceprovider (in this Schedule referred to as “the compensation fund”) andshall be discharged by payments made by the universal serviceprovider”,

(e) in paragraph 12(2) of Schedule 6, for the words “the clerk of the council”there shall be substituted “such person as may be designated for thepurposes of this Schedule by the universal service provider”.

30. The enactments for the time being in force relating to the assessment ofcompensation in respect of land vested in a district council by an order madeunder Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall,subject to any necessary modifications, apply in relation to any land vested in auniversal service provider by a vesting order made under paragraph 3 of thisSchedule.



Sch. 6

Section 95.SCHEDULE 6

Further provisions relating to land

Power to place post-boxes etc in streets

1.—(1) A universal service provider may, for any purpose in connection withthe provision of a universal postal service, execute in a street works of any of thekinds mentioned in sub-paragraph (2).

(2) The kinds of works are—

(a) placing a universal postal service letter box or a universal postal servicepouch-box in a street,

(b) inspecting, maintaining, adjusting, repairing, altering or renewing suchapparatus which has been so placed, changing its position orremoving it,

(c) works needed for, or incidental to, the purposes of any works fallingwithin paragraph (a) or (b) (including, in particular, breaking up oropening a street).

(3) Accordingly, Part III of the New Roads and Street Works Act 1991 (street 1991 c. 22.works in England and Wales), and the Street Works (Northern Ireland) Order S.I. 1995/32101995, apply in relation to undertakers’ works in exercise of a power conferred by (N.I.19).this paragraph.

(4) For the avoidance of doubt, references in Part III of the Act of 1991 or theOrder of 1995 to apparatus shall be construed as including universal postalservice letter boxes and universal postal service pouch-boxes.

(5) Subject to sub-paragraphs (6) and (7), sub-paragraph (1) authorises theuniversal service provider concerned to execute works of any of the kindsmentioned in sub-paragraph (2) without obtaining any consent which wouldotherwise be required to be given by the street authority in its capacity as suchand, in the case of a maintainable highway, in its capacity as owner.

(6) Sub-paragraph (5) is without prejudice to—

(a) the provisions of Part III of the Act of 1991, or the provisions of theOrder of 1995, as to the making of requirements by the street authorityor as to the settlement of a plan and section and the execution of theworks in accordance with them,

(b) section 61 of the Act of 1991 or Article 21 of the Order of 1995 (consentrequired for protected streets).

(7) Sub-paragraph (1) does not free the universal service provider concernedfrom obtaining any other consent, licence or permission which may be required.

(8) This paragraph binds the Crown.

(9) In this paragraph references to doing anything in a street shall beconstrued as including references to doing anything under, over, across, along orupon the street.

(10) In this paragraph—

“maintainable highway”—

(a) in England and Wales, has the same meaning as in Part III ofthe Act of 1991 and includes a street in respect of which a declarationhas been made under section 87 of that Act (prospectivelymaintainable highways), and

(b) in Northern Ireland, means a road (within the meaning of theOrder of 1995) and includes a street in respect of which a declarationhas been made under Article 46 of that Order (prospective roads),

“street” and “street authority”—



Sch. 6(a) in England and Wales, have the same meaning as in Part III of

the Act of 1991, and(b) in Northern Ireland, have the same meaning as in the Order of

1995, and

“universal postal service pouch-box” means any box or receptacle providedby a universal service provider for the temporary storage of postalpackets in the course of transmission by post pending their collectionfor immediate delivery by a person who is in the course of deliveringpostal packets in connection with the provision of a universal postalservice.

(11) In the application of this paragraph to Scotland—

(a) references to streets shall be construed as references to roads andreferences to street authority shall be construed as references to roadworks authority,

(b) “maintainable highway” means a public road within the meaning ofPart IV of the Act of 1991 and includes a road in respect of which adeclaration has been made under section 146 of that Act (prospectivepublic roads),

(c) “road” and “road works authority” have the same meaning as in PartIV of the Act of 1991,

(d) in sub-paragraph (3) for the words from “Part III” to “apply” thereshall be substituted “Part IV of the New Roads and Street Works Act1991 c. 22.1991 (road works in Scotland) applies”,

(e) in sub-paragraph (4) for the words from “Part III” to “1995” there shallbe substituted “Part IV of the Act of 1991”,

(f) in sub-paragraph (6)(a) for the words from “Part III” to “1995,” thereshall be substituted “Part IV of the Act of 1991”, and

(g) in sub-paragraph (6)(b) for the words from “61” to “of 1995” there shallbe substituted “120 of the Act of 1991”.

Entry on land for exploratory purposes

2.—(1) A person authorised in writing by a universal service provider may, atany reasonable time, enter upon and survey any land for the purpose ofascertaining whether the land would be suitable for use for any purpose inconnection with the provision of a universal postal service.

(2) The power to survey land conferred by this paragraph includes power tosearch and bore for the purpose of ascertaining the nature of the subsoil.

(3) The powers conferred by this paragraph shall not be exercisable in relationto land which is covered by a building or will be so covered on the assumptionthat any planning permission which is in force is acted on.

(4) In this paragraph “building” includes any garden, yard, outhouses andappurtenances belonging to or usually enjoyed with a building.

3.—(1) A person authorised to enter upon any land under paragraph 2 shallnot demand to do so as of right unless—

(a) 28 days notice of the intended entry has been given to the occupier, and

(b) if required to do so, he has produced evidence of his authority and hasstated the purpose of his entry.

(2) No person may carry out works authorised by paragraph 2(2) unlessnotice of the proposed works was included in the notice given under sub-paragraph (1).

(3) If the land in question is held by statutory undertakers and they object tothe works on the ground that the carrying out of the works would be seriously



Sch. 6detrimental to the carrying on of their undertaking, the authority of theappropriate Minister shall be required for the carrying out of works authorisedby paragraph 2(2).

(4) In sub-paragraph (3) as it relates to England and Wales—

“appropriate Minister” means the person indicated by section 265 of theTown and Country Planning Act 1990, 1990 c. 8.

“statutory undertakers” means any persons who, by virtue of section 262 ofthe Town and Country Planning Act 1990, are or are treated asstatutory undertakers for the purposes of that Act or any provision ofthat Act.

(5) In that sub-paragraph as it relates to Scotland—

“appropriate Minister” means—

(a) in relation to any function which, by virtue of section 53 of theScotland Act 1998, is exercisable by them as the appropriate Minister 1998 c. 46.within the meaning of section 217 of the Town and Country Planning 1997 c. 8.(Scotland) Act 1997, the Scottish Ministers,

(b) in any other case, the Minister indicated by that section,

“statutory undertakers” means any persons who, by virtue of section 214 ofthe Town and Country Planning (Scotland) Act 1997, are or are treatedas statutory undertakers for the purposes of that Act or any provisionof that Act.

and this sub-paragraph has effect notwithstanding the repeal of section 217 of theTown and Country Planning (Scotland) Act 1997 by paragraph 127(3) ofSchedule 2 to the Scotland Act 1998 (Consequential Modifications) (No. 2) S.I. 1999/1820.Order 1999.

(6) In that sub-paragraph as it relates to Northern Ireland—

“appropriate Minister” means—

(a) in relation to a statutory undertaker carrying on any railway,road transport or dock or harbour undertaking or the airportoperator (within the meaning of the Airports (Northern Ireland) S.I. 1994/426

(N.I. 1).Order 1994) of any airport to which Article 25 of that Order applies,the Minister for Regional Development,

(b) in relation to a statutory undertaker carrying on any watertransport or inland navigation, the Minister of Culture, Arts andLeisure,

(c) in any other case, the Minister of Enterprise, Trade andInvestment,

“statutory undertaker” has the same meaning as in Article 2(2) of thePlanning (Northern Ireland) Order 1991. S.I. 1991/1220

(N.I. 11).

4.—(1) Any person who intentionally obstructs a person acting in the exerciseof any power conferred by paragraph 2 shall be guilty of an offence.

(2) A person who commits an offence under sub-paragraph (1) shall be liableon summary conviction to a fine not exceeding level 3 on the standard scale.

5.—(1) If in the exercise of any power conferred by paragraph 2 any damageis caused to land or moveables, any person interested in the land or moveablesmay recover compensation in respect of that damage from the universal serviceprovider on whose behalf the power is exercised; and if in consequence of theexercise of such a power a person is disturbed in his enjoyment of any land ormoveables, he may recover compensation from the universal service provider inrespect of that disturbance.



Sch. 6(2) In relation to England and Wales, any question of disputed compensation

under sub-paragraph (1) shall be referred to and determined by the LandsTribunal; and sections 2 and 4 of the Land Compensation Act 1961 shall apply1961 c. 33.in relation to the determination subject to any necessary modifications.

(3) In relation to Scotland, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the Lands Tribunal forScotland; and sections 9 and 11 of the Land Compensation (Scotland) Act 19631963 c. 51.shall apply in relation to the determination subject to any necessarymodifications.

(4) In relation to Northern Ireland, any question of disputed compensationunder sub-paragraph (1) shall be referred to and determined by the LandsTribunal for Northern Ireland; and the determination shall be deemed to be adetermination to which section 31 of the Land Development Values1965 c. 23 (N.I.).(Compensation) Act (Northern Ireland) 1965 applies.

(5) In this paragraph “moveables” means—

(a) in relation to England and Wales and Northern Ireland, chattels, and

(b) in relation to Scotland, corporeal moveables.

Acquisition of land by agreement

6. For the purpose of the acquisition by agreement by a universal serviceprovider for any purpose in connection with the provision of a universal postalservice of land in England and Wales, the provisions of Part I of the Compulsory1965 c. 56.Purchase Act 1965 (so far as applicable), other than sections 4 to 8 and section31, shall apply.

7. For the purpose of the acquisition by agreement by a universal serviceprovider for any purpose in connection with the provision of a universal postalservice of land in Scotland, section 188(2) of the Town and Country Planning1997 c. 8.(Scotland) Act 1997 (incorporation of Lands Clauses Acts) shall, with anynecessary modifications, apply for the purposes of this Act as it applies for thepurposes of that Act.

8. For the purpose of the acquisition by agreement by a universal serviceprovider for any purpose in connection with the provision of a universal postalservice of land in Northern Ireland, the Lands Clauses Acts shall be incorporatedwith this Act except for sections 127 to 133 (sale of superfluous land) and sections150 and 151 (access to the special Act) of the Lands Clauses Consolidation Act1845 c. 18.1845.

Power to sell Duchy of Lancaster land

9. If a universal service provider proposes to acquire by agreement any landbelonging to Her Majesty in right of the Duchy of Lancaster for any purpose inconnection with the provision of a universal postal service, the Chancellor andCouncil of the Duchy of Lancaster may sell that land to him.



Sch. 6Supplementary

10. Any land acquired by agreement by a universal service provider by virtueof any of paragraphs 6 to 9 shall be deemed for all purposes to have been acquiredby him for the purposes of his undertaking as a universal service provider.

SCHEDULE 7 Section 119.

Disclosure of information

Prohibition on disclosure

1.—(1) This Schedule applies to information if—

(a) it was obtained by virtue of this Act (other than section 62 or 118), and

(b) it relates to the affairs of an individual or to a particular business.

(2) The information shall not be disclosed during the lifetime of the individualor so long as the business is carried on, except as provided below.

Disclosure with consent

2. Paragraph 1(2) does not apply to a disclosure made with the consent of theindividual or the person for the time being carrying on the business.

Other permitted disclosures

3.—(1) Paragraph 1(2) does not apply to a disclosure made—

(a) for the purpose of facilitating the carrying out by the Secretary of State,the Treasury, the Commission, the Competition Commission or theCouncil of any of his or their functions under this Act,

(b) for the purpose of facilitating the carrying out by a person or bodymentioned in sub-paragraph (2) of any of his or its functions under anenactment or instrument specified in sub-paragraph (3),

(c) for the purpose of enabling or assisting the Secretary of State, theTreasury, the Department for Enterprise, Trade and Investment inNorthern Ireland or the Department of Finance and Personnel inNorthern Ireland to exercise any powers conferred by the Financial 1986 c. 60.Services Act 1986 or by the enactments relating to companies,insurance companies or insolvency,

(d) for the purpose of enabling or assisting an inspector appointed underthe enactments relating to companies to carry out his functions,

(e) for the purpose of enabling or assisting an official receiver to carry outhis functions under the enactments relating to insolvency or for thepurpose of enabling or assisting a recognised professional body for thepurposes of section 391 of the Insolvency Act 1986 or Article 350 of the 1986 c. 45.Insolvency (Northern Ireland) Order 1989 to carry out its functions, S.I. 1989/2405

(N.I. 19).(f) for the purpose of facilitating the carrying out by the Health and SafetyCommission or the Health and Safety Executive of any of its functionsunder any enactment or of facilitating the carrying out by anyenforcing authority (within the meaning of Part I of the Health and 1974 c. 37.Safety at Work etc. Act 1974) of any functions under a relevantstatutory provision (within the meaning of that Act),

(g) for the purpose of facilitating the carrying out by the Health and SafetyExecutive for Northern Ireland of any of its functions under anyenactment or of facilitating the carrying out by any enforcing authority(within the meaning of Part I of the Health and Safety at Work S.I. 1978/1039

(N.I. 9).(Northern Ireland) Order 1978) of any function under a relevantstatutory provision (within the meaning of that Order),



Sch. 7(h) for the purpose of facilitating the carrying out by the Comptroller and

Auditor General, or the Comptroller and Auditor General forNorthern Ireland, of any of his functions under any enactment,

(i) in connection with the investigation of any criminal offence or for thepurposes of any criminal proceedings,

(j) for the purposes of any civil proceedings brought by virtue of this Act orany enactment or instrument specified in sub-paragraph (3),

(k) in pursuance of a Community obligation,

(l) by the Secretary of State, or with his consent, to an internationalorganisation of which the United Kingdom is a member,

(m) in connection with negotiations conducted by officers of the Secretaryof State with representatives of the government of a country orterritory outside the United Kingdom,

(n) in connection with the discharge of an obligation of the UnitedKingdom under international arrangements.

(2) The persons and bodies are—

(a) any Minister of the Crown,

(b) any Northern Ireland department,

(c) any Northern Ireland Minister,

(d) the Director General of Fair Trading,

(e) the Competition Commission,

(f) the Director General of Telecommunications,

(g) the Independent Television Commission,

(h) the Director General of Gas Supply,

(i) the Director General of Gas for Northern Ireland,

(j) the Director General of Water Services,

(k) the Water Appeals Commission for Northern Ireland,

(l) the Director General of Electricity Supply,

(m) the Director General of Electricity Supply for Northern Ireland,

(n) the Coal Authority,

(o) the Civil Aviation Authority,

(p) the Rail Regulator,

(q) the Insolvency Practitioners Tribunal,

(r) a local weights and measures authority in Great Britain.

(3) The enactments and instruments are—

(a) the Trade Descriptions Act 1968,1968 c. 29.

1973 c. 41. (b) the Fair Trading Act 1973,

(c) the Consumer Credit Act 1974,1974 c. 39.

1979 c. 38. (d) the Estate Agents Act 1979,

(e) the Competition Act 1980,1980 c. 21.

1984 c. 12. (f) the Telecommunications Act 1984,

(g) the Airports Act 1986,1986 c. 31.

1986 c. 44. (h) the Gas Act 1986,

(i) the Insolvency Act 1986,1986 c. 45.

1987 c. 43. (j) the Consumer Protection Act 1987,

(k) the Electricity Act 1989,1989 c. 29.

1990 c. 42. (l) the Broadcasting Act 1990,



Sch. 71991 c. 29.(m) the Property Misdescriptions Act 1991,

(n) the Water Industry Act 1991, 1991 c. 56.

1991 c. 57.(o) the Water Resources Act 1991,

(p) the Railways Act 1993, 1993 c. 43.

1994 c. 21.(q) the Coal Industry Act 1994,

(r) the Broadcasting Act 1996, 1996 c. 55.

1998 c. 41.(s) the Competition Act 1998,

(t) the Water and Sewerage Services (Northern Ireland) Order 1973, S.I. 1973/70(N.I. 2).(u) the Audit (Northern Ireland) Order 1987,S.I. 1987/460

(v) the Consumer Protection (Northern Ireland) Order 1987, (N.I. 5).S.I. 1987/2049(w) the Insolvency (Northern Ireland) Order 1989,(N.I. 20).

(x) the Electricity (Northern Ireland) Order 1992,S.I. 1989/2405

(y) Part IV of the Airports (Northern Ireland) Order 1994, (N.I. 19).S.I. 1992/231(z) the Gas (Northern Ireland) Order 1996,(N.I. 1).

(aa) the EC Competition Law (Articles 88 and 89) EnforcementS.I. 1994/426

Regulations 1996, (N.I. 1).(bb) the Water (Northern Ireland) Order 1999, S.I. 1996/275

(N.I. 2).(cc) any subordinate legislation made for the purpose of securingS.I. 1996/2199.compliance with the Directive of the Council of the EuropeanS.I. 1999/662Communities dated 10th September 1984 (No. 84/450/EEC) on the(N.I. 6).approximation of the laws, regulations and administrative provisions

of the member States concerning misleading advertising.

4. The Secretary of State may by order modify paragraph 3.

Other exceptions

5.—(1) Paragraph 1(2) does not limit the information which may be—

(a) included in, or made public as a part of, a report on a reference undersection 15,

(b) included in, or made public as part of, a report under section 45, 55 or57,

(c) published by the Commission under section 46, or

(d) made available by the Council under section 52, 53 or 59 or theCommission under section 58.

(2) Sub-paragraph (1) is without prejudice to any other exception toparagraph 1(2).

(3) Paragraph 1(2) does not apply to information which has been madeavailable to the public by being disclosed in circumstances in which, or for apurpose for which, disclosure is not precluded by this Schedule.

Offence

6.—(1) A person commits an offence if he discloses information incontravention of this Schedule.

(2) A person who commits an offence under sub-paragraph (1) shall beliable—

(a) on summary conviction, to a fine not exceeding the statutory maximum,



Sch. 7(b) on conviction on indictment, to a fine or to imprisonment for a term not

exceeding two years or to both.


Amendments of enactments

Part I

General amendments

1.—(1) Any enactment which requires or authorises a document or other thingto be sent by post (whether or not it makes any other provision in that respect)shall not be construed as limited to requiring or (as the case may be) authorisingthat thing to be sent by the postal system of the Post Office company.

(2) Any enactment which makes any other provision in relation to the sendingof a document or other thing by post or to a thing so sent shall not be construedas limited to the sending of that thing by the postal system of the Post Officecompany or (as the case may be) to a thing sent by that system.

2.—(1) Any enactment which requires or authorises a document or other thingto be sent by registered post (whether or not it makes any other provision in thatrespect) shall be construed as if it required or (as the case may be) authorised thatthing to be sent by a registered post service.

(2) Any enactment which makes any other provision in relation to the sendingof a document or other thing by registered post or to a thing so sent shall beconstrued as if it made corresponding provision in relation to the sending of thatthing by a registered post service or (as the case may be) to a thing sent by sucha service.

3.—(1) Any enactment which requires or authorises a document or other thingto be sent by recorded delivery (whether or not it makes any other provision inthat respect) shall be construed as if it required or (as the case may be) authorisedthat thing to be sent by a postal service which provides for the delivery of thedocument or other thing by post to be recorded.

(2) Any enactment which makes any other provision in relation to the sendingof a document or other thing by recorded delivery or to a thing so sent shall beconstrued as if it made corresponding provision in relation to the sending of thatthing by a postal service which provides for the delivery of the document or otherthing by post to be recorded or (as the case may be) to a thing sent by such aservice.

4.—(1) Any enactment which requires or authorises a document or other thingto be sent by first class post (whether or not it makes any other provision in thatrespect) shall be construed as if it required or (as the case may be) authorised thatthing to be sent by a postal service which seeks to deliver such documents or otherthings by post no later than the next working day in all or the majority of cases.

(2) Any enactment which makes any other provision in relation to the sendingof a document or other thing by first class post or to a thing so sent shall beconstrued as if it made corresponding provision in relation to the sending of thatthing by a postal service which seeks to deliver such documents or other thingsby post no later than the next working day in all or the majority of cases or (asthe case may be) to a thing sent by such a service.

5.—(1) Any reference (however worded and including references which are tobe construed as such references) in a related enactment to the post or to a thingsent by post shall not be construed as limited to the postal system of the PostOffice company or (as the case may be) to a thing sent by that system.

(2) In sub-paragraph (1) “related enactment” means—



Sch. 8(a) any enactment the provisions of which apply to, or operate in

consequence of the operation of, any enactment to which paragraph 1applies, or

(b) any enactment relating to the sending of documents or other thingsotherwise than by post or to documents or other things so sent.

(3) Any reference (however worded and including references which are to beconstrued as such references) in a related enactment to the registered post, therecorded delivery service or the first class post, or to a letter or other postalpacket sent by that service or post, shall be construed as references (as the casemay be) to a registered post service, a postal service which provides for thedelivery of the document or other thing by post to be recorded or a postal servicewhich seeks to deliver such documents or other things by post no later than thenext working day in all or the majority of cases, or to a letter or other postalpacket sent by such a service or post.


(a) any enactment the provisions of which apply to, or operate inconsequence of the operation of, any enactment to which paragraph 2,3 or (as the case may be) 4 applies,

(b) any enactment relating to the sending of documents or other thingsotherwise than by registered post, recorded delivery or (as the case maybe) first class post or to documents or other things so sent.

(5) Any reference (however worded and including references which are to beconstrued as such references) in a related enactment to—

(a) a Post Office receipt for a registered or recorded letter or other postalpacket,

(b) an acknowledgement by the Post Office of delivery of such a letter orpacket, or a certificate by the Post Office of such delivery,

shall be construed as a reference to a receipt of, or an acknowledgement orcertificate by, the postal operator concerned.


(a) any enactment (other than a future enactment) the provisions of whichapply to, or operate in consequence of the operation of, any enactmentto which paragraph 2 or (as the case may be) 3 applies,

(b) any enactment (other than a future enactment) relating to the sendingof documents or other things otherwise than by registered post orrecorded delivery or to documents or other things so sent.

(7) This paragraph is without prejudice to the generality of paragraphs 1 to 4.

6.—(1) The Secretary of State may by order provide for any provision ofparagraphs 1 to 5 not to apply, or to apply with modifications, in such cases ordescriptions of case as he considers appropriate.

(2) Paragraphs 1 to 5 do not apply in relation to future enactments if thecontext otherwise requires.

(3) Paragraphs 1 to 5 are subject to any provision made by or under this Act.

7.—(1) In this Part of this Schedule, “future enactment” means any enactmentpassed or made after the passing of this Act other than—

(a) any enactment made before the commencement of this sub-paragraphand comprised in subordinate legislation made under an enactmentpassed or made before the passing of this Act, and

(b) any Act passed in the same session as this Act or any enactmentcomprised in subordinate legislation made under such an Act beforethe commencement of this sub-paragraph.



Sch. 8(2) In this Part of this Schedule—

(a) references to sending a document or other thing include references toserving, executing, giving or delivering it or doing any similar thing,

(b) references to sending any thing by registered post include references tosending it by or in a registered letter or other postal packet (whether thereferences are expressed in those terms or terms having a similar effectand whether there is any mention of the post or prepayment),

(c) references to sending any thing by recorded delivery include referencesto sending it by or in a recorded letter or other postal packet (whetherthe references are expressed in those terms or terms having a similareffect and whether there is any mention of the post or prepayment),

(d) references to any thing sent by registered post or the recorded deliveryservice shall be construed accordingly.

Part II

Other amendments

Public Records Act 1958 (c.51)

8. In Schedule 1 to the Public Records Act 1958 (definition of public records),in Part II of the Table which is at the end of paragraph 3, there shall be insertedat the appropriate places—

“Consumer Council for Postal Services.”

“Post Office company (within the meaning of Part IV of the Postal ServicesAct 2000).”

Parliamentary Commissioner Act 1967 (c.13)

9. In Schedule 2 to the Parliamentary Commissioner Act 1967 (departmentsetc. subject to investigation), after the entry for the Office of Population Censusesand Surveys there shall be inserted—

“Consumer Council for Postal Services”.

10. In that Schedule to that Act the reference to the Postal ServicesCommission shall be construed as a reference to the Commission established bysection 1 of this Act.

Post Office Act 1969 (c.48)

11. In section 135(1) of the Post Office Act 1969 (remuneration of Post Officefor issuing game licences in England and Wales) for “the Post Office”, where itappears for the first, second and third time, there shall be substituted “the PostOffice company”.

Pensions (Increase) Act 1971 (c.56)

12. In paragraph 3 of Schedule 3 to the Pensions (Increase) Act 1971 (duty ofPost Office to increase pensions of certain former civil servants)—

(a) for “the Post Office”, where it first appears, there shall be substituted“the Post Office company”,

(b) for “the Post Office are” there shall be substituted “the Post Officecompany is”,

(c) after “by virtue of” there shall be inserted “paragraph 2 of Schedule 3 tothe Postal Services Act 2000 as it has effect by reference to”,

(d) for “that Act” there shall be substituted “the Post Office Act 1969 or anyenactment reproducing its effect”, and

(e) for “the Post Office”, where it appears for the last time, there shall besubstituted “the Post Office company”.



Sch. 8Superannuation Act 1972 (c.11)

13. In Schedule 1 to the Superannuation Act 1972 (kinds of employment inrelation to which pension schemes may be made), in the list of “Other Bodies”,there shall be inserted at the appropriate place—

“The Consumer Council for Postal Services.”

House of Commons Disqualification Act 1975 (c.24)

14.—(1) Schedule 1 to the House of Commons Disqualification Act 1975(offices disqualifying for membership) shall be amended as follows.

(2) In Part II (bodies of which all members are disqualified), there shall beinserted at the appropriate place—

“The Consumer Council for Postal Services.”

(3) In Part III (other disqualifying offices), there shall be inserted at theappropriate place—

“Director of the Post Office company (within the meaning of Part IVof the Postal Services Act 2000) being a director nominated orappointed by a Minister of the Crown or by a person acting onbehalf of the Crown.”

15. In Part II of Schedule 1 to the Act of 1975 the reference to the PostalServices Commission shall be construed as a reference to the Commissionestablished by section 1 of this Act.

Rates (Northern Ireland) Order 1977 (S.I.1977/2157 (N.I.28))

16. In paragraph 3(4) of Schedule 9A to the Rates (Northern Ireland) Order1977 (rural rate relief for post offices etc) for the words from “the Post Office” to“1953)” there shall be substituted “a universal service provider (within themeaning of the Postal Services Act 2000) and in connection with the provisionof a universal postal service (within the meaning of that Act)”.

Representation of the People Act 1983 (c.2)

17.—(1) Section 91 of the Representation of the People Act 1983 (candidate’sright to send election address post free) shall be amended as follows.

(2) In subsection (1)—

(a) for the words “Post Office regulations” there shall be substituted “suchreasonable terms and conditions as the universal service providerconcerned may specify”,

(b) after the word “of”, where it first appears, there shall be inserted “any”,

(c) after the word “postage” there shall be inserted “which would otherwisebe made by a universal service provider”, and

(d) for the words “regulations” in paragraph (a) there shall be substituted“terms and conditions”.


(a) after “any” there shall be inserted “such”, and

(b) after “postage” there shall be inserted “as mentioned above”.

(4) In subsection (3) for “the Post Office” there shall be substituted “theuniversal service provider concerned”.

(5) After subsection (4) there shall be inserted—

“(5) In this section “universal service provider” has the same meaningas in the Postal Services Act 2000.”



Sch. 818. After section 200 of that Act there shall be inserted—

“Remuneration 200A.—(1) This section applies where any postal services arefor free postal provided without charge by a universal service provider inservices provided pursuance of this Act.under Act.

(2) The universal service provider shall be entitled to beremunerated for having provided the services at the rate fixedin relation to them by virtue of a scheme under section 89 of thePostal Services Act 2000.

(3) A sum which a universal service provider is entitled toreceive by virtue of this section shall be charged on, and issuedout of, the Consolidated Fund.

(4) In this section “postal services” and “universal serviceprovider” have the same meanings as in the Postal ServicesAct 2000.”

Mental Health Act 1983 (c.20)

19.—(1) Section 134 of the Mental Health Act 1983 (correspondence ofpatients) shall be amended as follows.

(2) In subsection (1) for “the Post Office” there shall be substituted “the postaloperator concerned”.


(a) after “this Act” there shall be inserted “and “postal operator” and”,

(b) for “has”, where it appears for the second time, there shall besubstituted “have”, and

(c) for “the Post Office Act 1953” there shall be substituted “the PostalServices Act 2000”.

Insolvency Act 1986 (c.45)

20. In section 371(1) of the Insolvency Act 1986 (re-direction of bankrupt’sletters etc.)—

(a) for “the Post Office” there shall be substituted “a postal operator(within the meaning of the Postal Services Act 2000)”,

(b) for “the Post Office Act 1953” there shall be substituted “that Act”, and

(c) for “them” there shall be substituted “the operator concerned”.

Local Government Finance Act 1988 (c.41)

21. In section 43(6D)(a) of the Local Government Finance Act 1988 (rural raterelief for post offices etc) for the words from “the Post Office” to “1953)” thereshall be substituted “a universal service provider (within the meaning of thePostal Services Act 2000) and in connection with the provision of a universalpostal service (within the meaning of that Act)”.

Value Added Tax Act 1994 (c.23)

22.—(1) The Value Added Tax Act 1994 shall be amended as follows.

(2) In section 16(2) (application of customs enactments) for “section 16 of thePost Office Act 1953” there shall be substituted “section 105 of the PostalServices Act 2000”.

(3) In item 4 of Group 8 of Part II of Schedule 8 (zero-rating: transport ofpassengers) for “the Post Office” there shall be substituted “the Post Officecompany”.

(4) In Group 3 of Part II of Schedule 9 (exemptions for postal services)—



Sch. 8(a) for “the Post Office” in items 1 and 2 there shall, in each case, be

substituted “the Post Office company”, and

(b) for the words in Note (1) from “the Post Office Act 1953” to “telegram”there shall be substituted “the Postal Services Act 2000”.

Value Added Tax Regulations 1995 (S.I.1995/2518)

23. In regulation 2 of the Value Added Tax Regulations 1995 (interpretation)in the definition of “datapost packet”—

(a) for the words “the Post Office” there shall be substituted “the Post Officecompany”,

(b) after “a post office” there shall be inserted “of the Post Officecompany”, and

(c) after “United Kingdom”, where it appears for the fifth time, there shallbe inserted “by that company”.

Criminal Procedure (Scotland) Act 1995 (c.46)

24. In section 11 of the Criminal Procedure (Scotland) Act 1995 (jurisdictionover certain offences committed outside Scotland), after subsection (4) thereshall be inserted—

“(5) Where a person in any part of the United Kingdom outsideScotland—

(a) steals or attempts to steal any mail-bag or postal packet in thecourse of its transmission by post, or any of the contents of sucha mail-bag or postal packet; or

(b) in stealing or with intent to steal any such mail-bag or postalpacket or any of its contents commits any robbery, attemptedrobbery or assault with intent to rob,

he is guilty of the offence mentioned in paragraph (a) or (b) as if he hadcommitted it in Scotland and shall be liable to be prosecuted, tried andpunished there without proof that the offence was committed there.

(6) Any expression used in subsection (5) and in the Postal Services Act2000 has the same meaning in that subsection as it has in that Act.”

Local Government and Rating Act 1997 (c.29)

25. In Schedule 2 to the Local Government and Rating Act 1997, in paragraph3(4)(a) (relief from non-domestic rates for rural post offices) for the words from“the Post Office” to “1953)” there shall be substituted “a universal serviceprovider (within the meaning of the Postal Services Act 2000) and in connectionwith the provision of a universal postal service (within the meaning of that Act)”.

Northern Ireland Act 1998 (c.47)

26. For paragraph 7 of Schedule 3 to the Northern Ireland Act 1998(reservation for the Post Office etc.) there shall be substituted—

“7. The subject-matter of the Postal Services Act 2000.

This paragraph does not include financial assistance for the provision ofservices (other than postal services and services relating to postal or moneyorders) to be provided from public post offices.

In this paragraph “postal services” and “public post offices” have thesame meanings as in the Postal Services Act 2000.”



Sch. 8Postal Services Regulations 1999 (S.I. 1999/2107)

27. In Regulation 2(1) of the Postal Services Regulations 1999 (designation ofSecretary of State and Postal Services Commission as national regulatoryauthorities for the postal sector in the United Kingdom) the reference to thePostal Services Commission shall be construed as a reference to the Commissionestablished by section 1 of this Act.


Repeals and revocations

Reference Short title or title Extent of repeal orrevocation

10 & 11 Geo.5 Official Secrets Act 1920. Section 5.c. 75.

1 & 2 Eliz.2 Post Office Act 1953. The whole Act.c. 36.

1967 c. 13. Parliamentary In Schedule 2, the entriesCommissioner Act 1967. relating to the Post Office

Users’ Council forNorthern Ireland, thePost Office Users’ Councilfor Scotland, the PostOffice Users’ Council forWales and the Post OfficeUsers’ National Council.

1967 c. 80. Criminal Justice Act 1967. In Schedule 3, in Part I, theentries in respect of thePost Office Act 1953.

1969 c. 48. Post Office Act 1969. Sections 6 to 8.Sections 10 to 12.Sections 14 and 15.Sections 28 to 30.Section 33.Sections 37 to 41.Sections 43 and 44.Sections 46 to 48.Sections 55 to 64.Sections 66 and 67.Sections 69 to 75.Sections 80 and 81.Section 84.Section 87.Section 119.Section 129.In section 135, subsection

(1)(b) and the word “or”immediately preceding itand subsections (2) and(3).

Schedules 1 to 3.In Schedule 4, paragraph 21.In Schedule 9, paragraph

3(2).



Sch. 9

Reference Short title or title Extent of repeal or revoca-tion

1970 c. 44. Chronically Sick and In section 14, in subsectionDisabled Persons Act (1), the words “, the Post1970. Office Users’ Councils”

and subsection (2).

1972 c. 70. Local Government Act In Schedule 29, paragraph1972. 36.

S.I. 1973/ Northern Ireland In Schedule 5, paragraph2163. (Modifications of 20(a).

Enactments - No.1)Order 1973.

1975 c. 24. House of Commons In Schedule 1, in Part II, theDisqualification Act 1975. entry relating to the Post

Office and, in Part III, theentry relating to theChairman of the PostOffice Users’ NationalCouncil.

1976 c. 10. Post Office (Banking The whole Act.Services) Act 1976.

1981 c. 38. British Telecommunications Section 58(1) to (3).Act 1981. Sections 59 to 61.

Sections 63 to 69.Sections 71 to 76.In Schedule 3, paragraph

51(1) and (3).

1981 c. 45. Forgery and Counterfeiting Section 29.Act 1981.

1983 c. 20. Mental Health Act 1983. In section 134(9), the wordsfrom “and the provisions”to the end.

1983 c. 29. Miscellaneous Financial In Schedule 2, the entryProvisions Act 1983. relating to the Post Office

Act 1969.

1984 c. 12. Telecommunications Act Section 99(1).1984. In Schedule 4, paragraphs 50

and 78.

1985 c. 56. Interception of Section 11(2).Communications Act1985.

1985 c. 67. Transport Act 1985. In Schedule 3, paragraph 22.In Schedule 7, paragraph 13.

1986 c. 44. Gas Act 1986. In Schedule 7, paragraph 10.

1987 c. 22. Banking Act 1987. In Schedule 6, paragraph 10.

1989 c. 15. Water Act 1989. In Schedule 25, paragraph39.

1989 c. 29. Electricity Act 1989. In Schedule 16, paragraph15.

1989 c. 40. Companies Act 1989. In Schedule 10, paragraph30.

S.I. 1992/231 Electricity (Northern In Schedule 12, paragraph 7.(N.I.1). Ireland) Order 1992.



Sch. 9

Reference Short title or title Extent of repeal or revoca-tion

S.I. 1993/1324. Post Office (Abolition of The whole Regulations.Import Restrictions)Regulations 1993.

1994 c. 29. Police and Magistrates’ In Schedule 4, paragraph 49.Courts Act 1994.

1995 c. 21. Merchant Shipping Act In Schedule 13, paragraph1995. 28.

1995 c. 45. Gas Act 1995. In Schedule 4, paragraph 9.

1996 c. 16. Police Act 1996. In Schedule 7, paragraph1(2)(f).

S.I. 1996/275 Gas (Northern Ireland) In Schedule 6, the entry(N.I.2). Order 1996. relating to the Post Office

Act 1969.

S.I. 1999/1042. Scotland Act 1998 In Schedule 1, paragraph 6.(ConsequentialModifications) (No.1)Order 1999.

S.I. 1999/2107. Postal Services Regulations In Regulation 1(3), the1999. definitions of “the 1969

Act” and “the 1981 Act”.Regulation 2(2) and (3).Regulation 3(1) to (3).Regulations 4 to 6.

Note: The repeal of section 52 of the Post Office Act 1953 (which extends onlyto Scotland) does not affect any liability at common law in respect of any offencedescribed in that section.

? Crown copyright 2000

Printed in the UK by The Stationery Office Limitedunder the authority and superintendence of Carol Tullo, Controller ofHer Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament

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